Queensland Consolidated Acts

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LAND SALES ACT 1984 - SECT 21

21 Statement identifying proposed lot etc.

(1) Before a person enters upon a purchase of a proposed lot there shall be given to the person (or to the person's agent) a statement in writing, signed by the person who is to become the person's vendor or that person's agent, that--

(a) clearly identifies the lot to be purchased; and
(b) states the names and addresses of the prospective vendor and the prospective purchaser; and
(c) clearly states whether the prospective vendor or the prospective vendor's agent (whether personally or by any employee) has made or offered to the prospective purchaser or the prospective purchaser's agent any representation, promise or term with respect to the provision to the purchaser of a certificate of title that relates to the lot in question only; and
(d) if any representation, promise or term, such as is referred to in paragraph (c) has been made or offered, clearly states the particulars thereof; and
(e) states the date on which it is signed.

Maximum penalty--100 penalty units or 6 months imprisonment.

(2) The obligation prescribed by subsection (1) rests upon the prospective vendor's agent, when it is the prospective vendor's agent who procures the signing of the instrument concerned by the purchaser or by the purchaser's agent, and otherwise rests upon the prospective vendor.

(3) The statement in writing referred to in subsection (1) shall be separate from the instrument before the signing of which it is to be given.

(4) Where a prospective vendor is required to give a statement in writing prescribed by subsection (1) and is also a person required by the Building Units and Group Titles Act 1980, section 4918 to give a statement in writing, prescribed by that section and a statement is given in accordance with that section it shall be sufficient compliance with subsection (1) if the particulars prescribed by subsection (1) are included in the statement given in accordance with section 49 aforesaid and in that event subsection (3) shall not apply to the case.

(5) Subsection (6) applies if--

(a) a prospective vendor for the sale of a proposed lot is required to give a statement in writing under subsection (1); and
(b) the prospective vendor is also required under the Body Corporate and Community Management Act 1997, section 17019 to give a first statement relating to the proposed lot; and
(c) the prospective vendor gives the first statement under the section, and incorporates in the first statement the matters prescribed by subsection (1)(a) to (d) of this section.

(6) If this subsection applies--

(a) there is sufficient compliance with subsection (1); and
(b) subsection (3) does not apply.


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