SALE OF LAND ACT 1962
Table of Provisions
PART I--SALE OF LAND
Division 1--General provisions relating to the sale and subdivision of land
- 8 Apportionment of mortgage moneys where land subdivided
- 8A Land which can be disposed of without being subdivided
- 9AA Sale of land prior to approval of plan
- 9AAA Insurance
- 9AB Disclosure of works
- 9AC Amendments to plan
- 9AD Possession
- 9AE Rescission of an off-the-plan contract
- 9AF Repayment of deposit moneys
- 9AH Where land sold does not accord with land in plan
- 10 Amendment affecting pre-sold lots
- 10A Residential off-the-plan contracts and sunset clauses
- 10B Power of vendor to rescind a residential off-the-plan contract under sunset clause
- 10C Inconsistent provision of no effect
- 10D Purported rescission a breach of a residential
- 10E Vendor may obtain order of Supreme Court to rescind
- 10F Information to be included in sunset clause
- 10G Prohibition on recovering land tax under contract of sale of land
- 10H Prohibition on recovering windfall gains tax under option or contract of sale of land
- 10I CPI adjusted threshold amount
- 11 Owners corporation must have insurance policy
- 12 Offences in relation to the sale of land
- 12A Guidelines
- 13 Burden of proof as to knowledge of falsity of representation
- 14 Certain agreements void
- 14B Further powers of arbitrator with respect to subdivisional land
- 15 Notices
- 15A Approved building manual must be given to purchaser of land
- 16 Offences
- 17 Regulations
Division 2--Arbitrators
- 18 Power to Governor in Council to appoint arbitrators
- 19 Appointment of arbitrators
- 20 Power to arbitrators to appoint assessors
- 21 Jurisdiction and powers of arbitrators
- 22 Regulations
Division 3--Deposits
- 23 Definitions
- 24 Deposit moneys held by legal practitioner, conveyancer or estate agent to be held as stakeholder
- 25 Deposit moneys to be paid into special purpose account or held by legal practitioner, conveyancer or estate agent
- 26 Application of deposit moneys where contract rescinded
- 27 Release of deposit moneys in certain circumstances
- 28 Powers of purchaser where contract in contravention of this Division
- 29 Effect on terms contract deposit provisions
Division 4--Terms contracts
- 29A What is a terms contract?
- 29AB Definitions
- 29B Which terms contracts are prohibited?
- 29C Exceptions to prohibition
- 29D When is a person presently entitled to become the registered proprietor?
- 29E Mistakes or mis-statements as to description
- 29EA Additional prohibited terms contracts
- 29EB Offence to arrange, broker or induce certain terms contracts
- 29EC Offence to advertise certain terms contracts
- 29F Purchaser may avoid prohibited terms contract
- 29G Certain provisions of terms contract void
- 29H Purchaser may call for a transfer on giving a mortgage back
- 29I What must the mortgage provide
- 29J Failure of vendor to comply with requirement
- 29K Subdivision to apply despite Trustee Act 1958 and other Acts
- 29L Arbitrator may determine questions
- 29M Restrictions on sale of land
- 29N Purchaser may avoid contract
- 29O Exception if mortgage to be discharged
- 29P Land subject to a terms contract not to be mortgaged by vendor
- 29Q Vendor may require purchaser to execute mortgage
- 29R Vendor to advance amount for duty payable
- 29S Contravention of mortgage requirements
- 29T Failure by purchaser to comply with notice
- 29U Arbitrator may determine questions
- 29V Constructive notice
- 29W Legal practitioner or conveyancer not to act for both vendor and purchaser under a terms contract
Division 5--Rent-to-buy arrangements
- 29WA Application of Division
- 29WB Definitions
- 29WC Prohibition on rent-to-buy arrangements
- 29WD Offence to arrange, broker or induce rent‑to-buy arrangement
- 29WE Offence to advertise rent-to-buy arrangements
- 29WF Avoidance of certain rent-to-buy arrangements
- 29WG Return of money paid under contract to purchaser
Division 6--Options to purchase
PART II--MISCELLANEOUS PROVISIONS
- 30 Definitions
Division 1--Cooling-off periods
- 31 Power of purchaser to terminate a contract for sale of land
- 31A Validation of notice given to estate agent
Division 2--Section 32 statement
- 32 Statement of matters affecting land being sold
- 32A Financial matters in respect of the land to be disclosed in section 32 statement
- 32B Insurance details in respect of the land to be disclosed in section 32 statement
- 32C Matters relating to land use to be disclosed in section 32 statement
- 32D Notices made in respect of land to be disclosed in section 32 statement
- 32E Building permits issued in respect of land to be disclosed in section 32 statement
- 32F Information relating to any owners corporation to be disclosed in section 32 statement
- 32G Growth areas infrastructure contribution details to be disclosed in section 32 statement
- 32H Disclosure of non-connected services in section 32 statement
- 32I Evidence of title required to be disclosed in section 32 statement
- 32J Information required for a section 32 statement contained in a certificate, notice, policy of insurance or other document
- 32K Supply of false information or failure to supply information in section 32 statement or failure to supply section 32 statement may result in rescission
- 32L Offence to provide false or incomplete information in section 32 statement or fail to provide statement
- 32M Other circumstance where purchaser may rescind contract of sale
- 32N Contract provision that excludes, modifies or restricts Division is void
- 32O Circumstance where vendor is not required to give purchaser another section 32 statement
- 32P Agreement to transfer forest carbon right not a contract for the sale of land
Division 2A--Due diligence checklist
- 33 Definitions
- 33A What is a due diligence checklist?
- 33B Due diligence checklist to be made available
- 33C Due diligence checklist to be published on Internet
Division 3--Insurance
- 34 Power of purchaser to rescind contract where house destroyed
- 35 Insurance held by vendor to enure for benefit of purchaser
- 36 Damage to land
Division 4--Public auctions
- 37 This Division applies to publicly advertised auctions
- 38 Dummy bidding prohibited
- 39 Offences by auctioneers
- 40 Offence to procure dummy bid
- 41 Permissible vendor bids
- 42 Offence to falsely acknowledge bid
- 43 Conditions of auctions to be made available before auction starts
- 44 Right to compensation if Division breached
- 45 Contrary conditions are void
- 46 Last vendor bids must be identified if property passed in
- 47 Disruption of auction prohibited
- 48 Regulations
PART IIA--ENFORCEMENT
- 48A Application of Australian Consumer Law and Fair Trading Act 2012
- 48B Infringement notices
PART 3--SAVINGS AND TRANSITIONAL PROVISIONS
Division 1--Miscellaneous
- 49 Application of amendment to section 32—Agriculture Legislation (Amendments and Repeals) Act 2002
- 50 Transitional provision—Purchaser may deduct growth areas infrastructure contribution from purchase price
- 51 Amendment to section 9AA—Consumer Affairs Legislation Amendment (Reform) Act 2010
- 52 Substitution of Division 2 of Part II—Sale of Land Amendment Act 2014