New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 9

9 Exhibition homes

(1) In this section, "exhibition home" means a dwelling made available for inspection to persons who are invited, expressly or impliedly, to enter into a contract for the construction of a similar dwelling.

(2) A person who makes an exhibition home available for inspection or who advertises that an exhibition home is so available is guilty of an offence if, at any time it is available for inspection, there is not prominently displayed at the home:

(a) a copy of the plans and specifications relating to its construction, and

(b) if the person is aware that persons are to be invited to enter into building contracts for the construction of similar dwellings by use of a standard form of building contract, a copy of that form of contract.

Maximum penalty: 80 penalty units in the case of a corporation and 40 penalty units in any other case.

(3) If:

(a) a contract is entered into with the holder of a contractor licence for the construction of a dwelling that is similar to an exhibition home, and

(b) the holder knows that it was entered into after the other party to the contract had inspected the home, and

(c) the contract in any way identifies the dwelling to be built by reference to the home,

the contract is to be taken to contain a provision that the dwelling will be constructed according to the same plans and specifications, standards of workmanship and quality of materials as the exhibition home, except to the extent (if any) that the contract and its accompanying plans and specifications provide for any departure from them.