Victorian Consolidated Legislation

Sale of Land Act 1962 - SECT 9AH

Where land sold does not accord with land in plan

9AH. Where land sold does not accord with land in plan



(1) This section applies to the sale of land if, at date the contract is
entered into, section 20A of the Subdivision Act 1988 applies to the land and
has not been complied with.

(2) If a contract for the sale of land to which this section applies has been
entered into, the purchaser may avoid the sale if-

   (a)  the contract has not been completed; and

   (b)  the purchaser has not disposed of the land; and

   (c)  after the date the contract is entered into, the applicant under the
        Subdivision Act 1988 gives to the Council advice by a licensed
        surveyor under section 20A of that Act that there is a substantial
        discrepancy between any boundary of the land and that boundary as
        shown on the plan; and

   (d)  not more than 18 months have passed since the contract was entered
        into.

(3) If the purchaser avoids the sale, all money paid by the purchaser under
the contract is recoverable by the purchaser except for any money paid by the
purchaser as an occupation fee for any time during which the purchaser was in
actual occupation of the land the subject of the sale.



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