Victorian Consolidated Legislation

Sale of Land Act 1962 - SECT 13

Burden of proof as to knowledge of falsity of representation

13. Burden of proof as to knowledge of falsity of representation



(1) In any action commenced in respect of the sale of any land if it is proved
that any representation made on such sale was false and that any party to such
action was induced by such representation to enter into a contract to purchase
such land the person making such representation shall be deemed to have made
the same with knowledge of its falsity unless he proves-

   (a)  that he had reasonable ground to believe and did believe that the
        representation was true or that he had no reason to suspect that the
        representation was false; and

   (b)  that otherwise he had acted innocently.

(2) No term or provision of any agreement (whether entered into before or
after the commencement of this Act) for the sale and purchase of any land
therein shall be so construed as in any way to prevent the purchaser from
claiming or being awarded damages or any other relief in respect of any
fraudulent misrepresentation in connexion with the purchase of such land.