Victorian Current Acts

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Where land sold does not accord with land in plan

    (1)     This section applies to the sale of land if, at date the contract is entered into, section 20A of the Subdivision Act 1988 applies to the land and has not been complied with.

    (2)     If a contract for the sale of land to which this section applies has been entered into, the purchaser may avoid the sale if—

        (a)     the contract has not been completed; and

        (b)     the purchaser has not disposed of the land; and

        (c)     after the date the contract is entered into, the applicant under the Subdivision Act 1988 gives to the Council advice by a licensed surveyor under section 20A of that Act that there is a substantial discrepancy between any boundary of the land and that boundary as shown on the plan; and

        (d)     not more than 18 months have passed since the contract was entered into.

    (3)     If the purchaser avoids the sale, all money paid by the purchaser under the contract is recoverable by the purchaser except for any money paid by the purchaser as an occupation fee for any time during which the purchaser was in actual occupation of the land the subject of the sale.

S. 9A
inserted by No. 9128 s. 8(1), amended by Nos 9427 s. 6(1)(Sch. 5 item 163), 9720 s. 3(2)(Sch. item 90), 44/1987 s. 36(2), repealed by No. 53/1988 s. 45(Sch. 2 item 64).

    *     *     *     *     *

S. 10 amended by Nos 7228 s. 7(Sch. 5 Pt 3(a)(b)), 8661
s. 40(c)–(e), 121/1986 s. 112, substituted by No. 53/1988 s. 45(Sch. 2 item 64) (as amended by No. 47/1989 s. 19(ze)(i)).

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