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LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994 - SECT 13A

LAND AND BUSINESS (SALE AND CONVEYANCING) ACT 1994 - SECT 13A

13A—Prescribed notice to be given to purchaser

        (1)         A vendor of residential land must take all reasonable steps to deliver the prescribed notice to a purchaser when the purchaser is present on the land at the invitation of the vendor in order to inspect the land prior to its sale.

        (2)         A vendor of land will be taken to have complied with subsection (1) in relation to a purchaser who is present on the land if the vendor—

            (a)         incorporates the prescribed notice with promotional material that the vendor delivers to the person; or

            (b)         offers to deliver the notice, or promotional material incorporating the notice, to the person but the person refuses to take it; or

            (c)         has delivered the notice, or promotional material incorporating the notice, to the person when the person has been present on the land on a previous occasion; or

            (d)         in the case of an inspection that is open to the general public—displays the notice in a prominent position on the land and so as to indicate to persons inspecting the land that a copy of the notice may be taken by those persons.

        (3)         A vendor of residential land must ensure that the prescribed notice is attached to a vendor's statement when the vendor's statement is served on a purchaser under this Part.

        (4)         An auctioneer who proposes to offer residential land for sale by auction must ensure that the prescribed notice is attached to a vendor's statement when the vendor's statement is made available for perusal by members of the public before the auction.

        (5)         If an agent is acting on behalf of a vendor of residential land in connection with sale of the land, this section applies as if the obligations imposed by this section on the vendor were instead imposed on the agent.

        (6)         In this section—

"prescribed notice" means a notice, in the form prescribed by regulation, containing information of the kind required by regulation relating to matters concerning land that might adversely affect—

            (a)         a purchaser's enjoyment of the land; or

            (b)         the safety of persons on the land; or

            (c)         the value of the land.