South Australian Consolidated Acts South Australian Consolidated Acts (1) Where a vendor's
statement is not given or certified as required by this Part, or the statement
given is defective, the purchaser may apply to a court of competent
jurisdiction for an order under this section.
(2) On the hearing of
an application under subsection (1) the Court may, if satisfied that the
purchaser has been prejudiced by the failure to comply with this Part,
exercise any one or more of the following powers:
(a)
avoid the contract and make such other orders as the Court thinks necessary or
desirable to restore the parties to the contract to their respective positions
before entering into the contract;
(b)
award such damages as may, in the opinion of the Court, be necessary to
compensate loss arising from the non-compliance;
(c) make
such other orders as may be just in the circumstances.
(3) Damages may be
awarded under subsection (2)(b) against—
(a) the
vendor;
(b) if
it appears that the purchaser has been prejudiced by a failure on the part of
an agent to carry out duties imposed by this Part—the agent,
or both.