South Australian Current Acts

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LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Meaning of small business

   PART 2--Contracts for sale of land or businesses

   5.      Cooling-off
   6.      Abolition of instalment purchase or rental purchase arrangements
   7.      Particulars to be supplied to purchaser of land before settlement
   8.      Particulars to be supplied to purchaser of small business before settlement
   9.      Verification of vendor's statement
   10.     Variation of particulars
   11.     Agent or auctioneer to make statements available before auction
   12.     Councils, statutory authorities and prescribed bodies to provide information
   13.     False certificate
   13A.    Prescribed notice to be given to purchaser
   14.     Offence to contravene Part
   15.     Remedies
   16.     Defences
   17.     Service of vendor's statement etc

   PART 3--Subdivided land

   18.     Obligations and offences in relation to subdivided land
   19.     Inducement to buy subdivided land

   PART 4--Special requirements relating to agents and sales representatives

   20.     Authority to act as agent
   21.     Requirements relating to offers to purchase residential land
   22.     Person signing document to be given copy
   23.     Agent not to receive commission if contract avoided or rescinded
   24.     Agent not to lodge caveat for sums owing by client
   24A.    Representations as to likely selling price in marketing residential land
   24B.    Financial and investment advice
   24C.    Agent to disclose certain benefits connected with sale or purchase
   24D.    Agent not to retain benefits in respect of services associated with sale or purchase of residential land
   24E.    Agent to supply valuation in prescribed circumstances
   24F.    Agent not to act for both purchaser and vendor of land or business
   24G.    Restriction on obtaining beneficial interest where agent authorised to sell or appraises property
   24H.    Agent not to pay commission except to officers or employees or another agent

   PART 4A--Auctions

   24I.    Standard conditions of auction for residential land
   24J.    Preliminary actions and records required for auctions of residential land
   24K.    Registered bidders only at auctions of residential land
   24L.    Collusive practices at auctions of land or businesses
   24M.    Disruption of auction prohibited
   24N.    Dummy bidding prohibited at auctions of land or businesses
   24O.    When vendor bid by auctioneer permitted
   24P.    Last vendor bid must be identified if property passed in

   PART 5--Preparation of conveyancing instruments

   25.     Part 5 subject to transitional provisions
   26.     Interpretation of Part 5
   27.     Preparation of conveyancing instrument for fee or reward
   28.     Preparation of conveyancing instrument by agent or related person
   29.     Procuring or referring conveyancing business
   30.     Conveyancer not to act for both parties unless authorised by regulations
   31.     Effect of contravention

   PART 6--Miscellaneous

   32.     Exemptions
   33.     No exclusion etc of rights conferred or conditions implied or applied by Act
   34.     Civil remedies unaffected
   35.     Misrepresentation
   36.     False or misleading representation
   37.     Signing on behalf of agent
   37A.    Keeping of records
   37B.    General defence
   38.     Liability for act or default of officer, employee or agent
   40.     Prosecutions
   41.     Regulations
   42.     Review of Parts 4 and 4A
           SCHEDULE -Transitional provisions
           Legislative history


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