{"id":"nsw:act-1964-012","name":"Land Sales Act 1964","slug":"land-sales-act-1964","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"12 of 1964","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111051,"registerId":"nsw-act-1964-012-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary\n\n**pt 1, hdg:** Ins 1978 No 2, Sch 1 (2).","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and commencement","content":"#### 1 Name of Act and commencement\n\n1 Name of Act and commencement\n\n> > (1) This Act may be cited as the [Land Sales Act 1964](/view/html/inforce/current/act-1964-012).\n> \n> > (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.\n> \n> **s 1:** Am 1978 No 2, Sch 1 (3).","sortOrder":1},{"sectionNumber":"1A","sectionType":"section","heading":null,"content":"#### 1A\n\n1A (Repealed)","sortOrder":2},{"sectionNumber":"Part 2","sectionType":"part","heading":null,"content":"# Part 2\n\nPart 2\n\n1B–1E (Repealed)\n\n**pt 2:** Ins 1978 No 2, Sch 1 (4). Rep 1987 No 195, sec 3.\n\n**s 1B:** Ins 1978 No 2, Sch 1 (4). Subst 1980 No 152, Sch 1 (1). Rep 1987 No 195, sec 3.\n\n**s 1C:** Ins 1978 No 2, Sch 1 (4). Am 1980 No 152, Sch 1 (2). Rep 1987 No 195, sec 3.\n\n**s 1D:** Ins 1978 No 2, Sch 1 (4). Subst 1980 No 152, Sch 1 (3). Rep 1987 No 195, sec 3.\n\n**s 1E:** Ins 1978 No 2, Sch 1 (4). Am 1980 No 152, Sch 1 (4). Rep 1987 No 195, sec 3.","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Sale of land under instalment contracts","content":"# Part 3 Sale of land under instalment contracts\n\nPart 3 Sale of land under instalment contracts\n\n**pt 3, hdg:** Ins 1978 No 2, Sch 1 (5).","sortOrder":5},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Part, unless the context or subject matter otherwise indicates or requires—\n> \n> Instalment contract means a contract, entered into after the commencement of this Part, for the sale of a lot in a subdivision comprising five or more lots where such contract provides for the purchase money to be paid by four or more part payments (whether by way of preliminary or other deposit or otherwise) and any option to purchase such a lot under which all or part of the consideration for the granting of such option (whether or not such consideration is to be applied to the purchase price) is payable by four or more part payments as aforesaid, but does not include—\n> \n> > (a) a contract effecting a sale without resubdivision by a vendor who acquired less than five lots in a subdivision, or\n> \n> > (b) a contract for the sale of a lot, or a leasehold interest in a lot, within the meaning of the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).\n> \n> Licensed conveyancer means the holder of a licence in force under the [Conveyancers Licensing Act 1992](/view/pdf/asmade/act-1992-55).\n> \n> Preliminary deposit means an initial payment (not being a payment, or part payment, for an option, other than an option referred to in the definition of instalment contract in this section) by a person in connection with the proposed purchase of a lot in a subdivision made to a person, or the agent of a person, who has offered, or held himself or herself out as being willing, to sell, or has advertised for sale, such lot, where the payment is made before there is a contract between such persons for the sale and purchase of such land.\n> \n> Primary application means an application to the Registrar-General to bring land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> \n> Purchaser includes a person (not being a person acting in the capacity of an agent for a vendor) by whom or on whose behalf a preliminary deposit is paid to a vendor.\n> \n> Sell includes offer to sell, hold oneself out as being willing to sell, and advertise for sale.\n> \n> Subdivision has the meaning given to subdivision of land by section 4B of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> \n> **s 2:** Am 1978 No 2, Sch 1 (6); 1986 No 220, Sch 1; 1992 No 55, Sch 2; 1996 No 139, Sch 2.19 \\[1\\] \\[2\\] (am 1997 No 55, Sch 2.18 \\[1\\] \\[2\\]); 1997 No 152, Sch 4.19 \\[1\\]; 2015 No 51, Sch 9.11.","sortOrder":6},{"sectionNumber":"3","sectionType":"section","heading":"Sales by instalment contracts of lots in subdivisions","content":"#### 3 Sales by instalment contracts of lots in subdivisions\n\n3 Sales by instalment contracts of lots in subdivisions\n\n> No person shall sell under an instalment contract any lot unless the subdivision in which the lot is comprised complies with the provisions of this Part.\n> \n> **s 3:** Am 1978 No 2, Sch 1 (7).","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Requirements as to subdivisions","content":"#### 4 Requirements as to subdivisions\n\n4 Requirements as to subdivisions\n\n> A subdivision complies with the provisions of this Part if, at the time of the sale—\n> \n> > (a)\n> > \n> > > (i) the land comprised in the subdivision is under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), or\n> > \n> > > (ii) (Repealed)\n> > \n> > > (iii) although the land comprised in the subdivision is not under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), a plan of such subdivision has, before the commencement of this Act, been registered in the office of the Registrar-General, and\n> \n> > (b) the boundaries of the various lots in the subdivision follow the boundaries shown in a plan of subdivision that is endorsed with a subdivision certificate within the meaning of section 109C of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), and\n> \n> > (b1) in the case of a subdivision that requires development consent under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), such a consent is in force, and\n> \n> > (c) a trustee holds office under a trust deed that—\n> > \n> > > (i) relates to the subdivision,\n> > \n> > > (ii) complies with the provisions of this Part, and\n> > \n> > > (iii) has endorsed on it in writing the Minister’s approval of the trust deed and the trustee appointed thereby.\n> \n> Any approval referred to in paragraph (c) may be given subject to such terms and conditions as the Minister thinks fit.\n> \n> **s 4:** Am 1978 No 2, Sch 1 (6) (c) (8); 1997 No 152, Sch 4.19 \\[2\\]; 2021 No 10, Sch 3.16\\[1\\] \\[2\\].","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Approval of trustee may be revoked","content":"#### 5 Approval of trustee may be revoked\n\n5 Approval of trustee may be revoked\n\n> > (1) The Minister—\n> > \n> > > (a) may by notice published in the Gazette revoke as on and from a day (not being earlier than the date of publication of the notice) to be specified in the notice the Minister’s approval under this Part of any trustee appointed under a trust deed, and\n> > \n> > > (b) shall in any such notice specify a date on or after which the Minister proposes to exercise the Minister’s powers under subsection (3) unless a new trustee, approved in writing by the Minister, has before that date been appointed to act in the place of the former trustee.\n> \n> > (2) Any such revocation shall take effect on and from the day specified in the notice and referred to in subsection (1) (a) and thereupon the trustee shall cease to hold office as such trustee for all purposes. The Minister shall as soon as practicable after publication of the notice cause a copy of the notice of revocation to be served on the trustee and the vendor by whom, or for whom and on whose behalf, the trustee was appointed.\n> \n> > (3) Where the Minister revokes the approval of any trustee as aforesaid and the vendor fails, before the date referred to in subsection (1) (b), to appoint a new trustee, approved in writing by the Minister, to act in the place of the former trustee the Minister may, by a trust deed executed by the Minister for and on behalf of the vendor (which trust deed the Minister is hereby authorised to execute) and that complies with the provisions of this Part, appoint, upon such terms and conditions as the Minister thinks fit, a new trustee to act in the place of the former trustee but only as regards the powers, authorities, duties and functions of the former trustee so far as they relate to sales of lots made before the appointment of the new trustee and to purchasers of such lots and the new trustee so appointed shall be deemed for the purposes of this Part to be the trustee under the trust deed in respect of sales of lots made before his or her appointment.\n> > \n> > Any terms and conditions (including terms and conditions providing for the remuneration of the new trustee by the vendor or out of moneys held by the new trustee on behalf of the vendor) upon which the appointment of a new trustee may be made as aforesaid and that are expressed to be binding on the vendor and any covenants or provisions in the trust deed appointing the new trustee that are expressed to be made on behalf of, or to be binding on, the vendor shall be deemed to be terms and conditions binding on, covenants by and provisions binding on, the vendor.\n> \n> > (4) Nothing in this section prevents the vendor, where the Minister has appointed a new trustee in accordance with this section, from appointing a further trustee in accordance with the provisions of the trust deed under which the former trustee was appointed, to act as trustee under the trust deed in respect only of sales of lots made after his or her appointment.\n> \n> **s 5:** Am 1978 No 2, Sch 1 (7) (9).","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Exemptions","content":"#### 6 Exemptions\n\n6 Exemptions\n\n> > (1) The Minister may by order published in the Gazette declare that the requirements of section 4 (c) and such other provisions of this Part as may be specified in the order shall not apply to or in respect of any subdivision specified in the order and any such order shall have effect according to its tenor.\n> \n> > (2) An instalment contract for the sale of a lot in a subdivision of land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), being a contract under which the vendor of the lot is—\n> > \n> > > (a) a statutory body representing the Crown, or\n> > \n> > > (b) a local council,\n> > \n> > is exempt from the provisions of this Part.\n> \n> **s 6:** Am 1978 No 2, Sch 1 (10); 1998 No 4, Sch 1 \\[1\\].","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Trust deeds","content":"#### 7 Trust deeds\n\n7 Trust deeds\n\n> > (1) A trust deed complies with the provisions of this Part if it—\n> > \n> > > (a) makes provision for the appointment by the vendor for such period as the Minister may approve after the date of the certificate referred to in section 4 (b) of a person as trustee for purchasers of lots in the subdivision proposed to be sold,\n> > \n> > > (b)\n> > > \n> > > > (i) provides for the appointment by the vendor of a new trustee approved by the Minister to act under the trust deed, where the former trustee ceases for any reason to hold office before his or her duties as trustee have been completed, and also provides that such appointment shall be made subject to such terms and conditions as the Minister may think fit and for such period as the Minister may approve, and\n> > > \n> > > > (ii) contains a covenant binding the trustee that the trustee will, upon ceasing to be a trustee, transfer to the trustee appointed by the vendor under subparagraph (i), or by the Minister under section 5, any money held by the trustee or on the trustee’s behalf, and any books of account kept by the trustee, in his or her capacity as such trustee,\n> > \n> > > (c) has annexed thereto a copy of the form or forms of instalment contract to be used in connection with the sale of the land comprised in the subdivision (which form or forms shall provide that all moneys payable thereunder by way of preliminary or other deposit or fifteen per centum of the purchase price (whichever is the greater) shall be paid by the purchaser to the trustee) and the form or forms of mortgage to be used for the purposes of section 13,\n> > \n> > > (d) contains a provision that all moneys received by the trustee from a purchaser under an instalment contract shall be retained by the trustee until the trustee has been authorised by the vendor to refund any such moneys, or—\n> > > \n> > > > (i) the trustee is satisfied that the purchaser has been given the notices prescribed in section 12, and\n> > > \n> > > > (ii) an instalment contract signed by both the vendor and the purchaser or their properly constituted attorneys has been presented to the trustee for inspection and the written authority of the purchaser to account to the vendor for such moneys has been furnished to the trustee,\n> > \n> > > (e) contains a covenant binding the vendor that the vendor will, upon demand made by the trustee or any registered public accountant appointed by the trustee, make available for inspection the whole of the books of the vendor relating to the subdivision to which the trust deed relates and give to the trustee or to any such registered public accountant such oral or written information as the trustee or registered public accountant requires with respect to the subdivision to which the trust deed relates where inspection of such books or such information is necessary for the proper and effective carrying out of the trustee’s powers, authorities, duties and functions under this Part and the trust deed,\n> > \n> > > (f) contains covenants binding the trustee that the trustee will—\n> > > \n> > > > (i) exercise all due diligence and vigilance in carrying out the trustee’s powers, authorities, duties and functions in watching the rights and interests of the purchasers of lots in the subdivision to which the trust deed relates,\n> > > \n> > > > (ii) punctually account for all moneys paid to the trustee in pursuance of this Part in accordance with the provisions of this Part and the trust deed,\n> > > \n> > > > (iii) keep or cause to be kept proper books of account with respect to all moneys paid to the trustee as aforesaid,\n> > > \n> > > > (iv) where the trustee has received fifteen per centum of the purchase price of any lot in a subdivision to which the trust deed relates, serve on the purchaser of such lot a notice in writing duly completed in or to the effect of the First Schedule, and on the vendor of such lot a notice in writing in or to the effect of the Second Schedule, and\n> > > \n> > > > (v) where the trustee has received a notice referred to in section 14 (1), serve on the purchaser a notice in writing duly completed in or to the effect of the Third Schedule,\n> > \n> > > (g) shall specify addresses for the service of any notice or document respectively on the vendor and trustee in their capacities as such.\n> \n> > (2) Any trustee or registered public accountant who except in the course of any court proceedings, divulges or communicates to any other person any information which the trustee or registered public accountant has acquired pursuant to subsection (1) (e) shall be guilty of an offence under this Act—\n> > \n> > Provided that nothing in this subsection precludes a trustee from divulging or communicating any such information to the Minister, or any such information that relates to the sale of a particular lot to the purchaser of that lot or the purchaser’s solicitor or licensed conveyancer.\n> \n> **s 7:** Am 1978 No 2, Sch 1 (11); 1992 No 55, Sch 2.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Certain advertisements prohibited","content":"#### 8 Certain advertisements prohibited\n\n8 Certain advertisements prohibited\n\n> No person shall publish or cause to be published any advertisement referring to a subdivision and containing a statement that, or to the effect that, a trustee or trust deed has been approved by the Minister or referring in any way to this Act.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Receipts for certain preliminary deposits to indicate that sale is by instalment contract","content":"#### 9 Receipts for certain preliminary deposits to indicate that sale is by instalment contract\n\n9 Receipts for certain preliminary deposits to indicate that sale is by instalment contract\n\n> > (1) Where a vendor or the vendor’s agent accepts a preliminary deposit in connection with the sale of a lot in a subdivision and such preliminary deposit is paid pursuant to an agreement (whether oral or in writing or partly oral and partly in writing), implementation of which would necessitate the vendor and purchaser entering into an instalment contract, the vendor or the vendor’s agent accepting the preliminary deposit shall upon doing so give to the person paying the preliminary deposit a receipt on which are endorsed the words “sale by instalment contract”.\n> \n> > (2) Where a vendor or the vendor’s agent gives to a person paying a preliminary deposit a receipt on which are required to be endorsed the words “sale by instalment contract”, the vendor—\n> > \n> > > (a) shall within seven days after the preliminary deposit was paid pay the amount of the preliminary deposit to the trustee under the trust deed relating to such subdivision and either—\n> > > \n> > > > (i) tender to the purchaser for execution by the purchaser a copy of an instalment contract for the sale and purchase of the lot in connection with the sale of which the preliminary deposit was paid, such contract having annexed thereto or endorsed thereon an undertaking by the vendor that the vendor will refund to the purchaser an amount, not exceeding an amount stated in the undertaking, for the reasonable costs incurred by the purchaser as a client of a solicitor or conveyancer in procuring such advice relating to the proposed transaction and the provisions of this Part as the solicitor or conveyancer is obliged, upon an examination of the contract and the particulars of title given to the purchaser by the vendor, to furnish to the purchaser, as the client of the solicitor or conveyancer, or\n> > > \n> > > > (ii) authorise such trustee to refund to the purchaser the amount of the preliminary deposit and notify the purchaser in writing that the vendor is unwilling or unable to execute such an instalment contract, and\n> > \n> > > (b) where the vendor tenders to the purchaser a copy of the instalment contract in accordance with paragraph (a) (i), shall not, for the prescribed period, sell or cause to be sold the lot comprised in the instalment contract to any person other than the purchaser except where the purchaser and the vendor have agreed in writing that the vendor is not required to comply with the requirements of section 10 (2) and the vendor has authorised such trustee to refund to the purchaser the amount of any preliminary deposit paid by the purchaser.\n> > > \n> > > In this paragraph the prescribed period means a period of fourteen days after the date on which the vendor tenders to the purchaser a copy of the instalment contract in accordance with paragraph (a) (i) and, where the provisions of section 10 (2) (a) and (b) have been complied with, a further period of seven days after the expiration of the said period of fourteen days.\n> \n> > (3) The amount for reasonable costs stated in the undertaking under subsection (2) (a) (i) may be varied by agreement in writing between the vendor and purchaser at any time before execution of the instalment contract by the purchaser.\n> \n> **s 9:** Am 1978 No 2, Sch 1 (12); 1998 No 4, Sch 1 \\[2\\] \\[3\\].","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Form of instalment contracts","content":"#### 10 Form of instalment contracts\n\n10 Form of instalment contracts\n\n> > (1) A vendor under an instalment contract, or the vendor’s agent, shall not tender to a purchaser a copy of an instalment contract for the sale and purchase of a lot unless the instalment contract is in the form, or one of the forms, of instalment contract annexed to the trust deed relating to the subdivision in which the lot is comprised.\n> \n> > (2) Within twenty-one days after tendering a copy of the instalment contract to a purchaser, the vendor shall deliver or cause to be delivered to the purchaser a counterpart of the contract duly executed by the vendor or the vendor’s duly appointed attorney, if—\n> > \n> > > (a) the copy of the instalment contract so tendered has been executed by the purchaser and has, within fourteen days after its having been so tendered, been delivered to the vendor or the agent of the vendor, and\n> > \n> > > (b) the purchaser has complied with all terms and conditions required by the instalment contract to be complied with by the purchaser at or before the delivery to the purchaser of the counterpart of the contract duly executed as aforesaid.","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Vendor not to accept payment of instalments until 15 per cent of purchase price paid","content":"#### 11 Vendor not to accept payment of instalments until 15 per cent of purchase price paid\n\n11 Vendor not to accept payment of instalments until 15 per cent of purchase price paid\n\n> No person, other than the trustee under the trust deed relating to the subdivision in which the lot is included, shall accept any payment, other than a preliminary deposit, made by or on behalf of a purchaser of a lot under an instalment contract unless the vendor has been given a notice in writing, duly completed, in or to the effect of the Second Schedule by such trustee that fifteen per centum of the purchase price payable under the instalment contract has been paid by or on behalf of the purchaser, but nothing in this section prevents any person from accepting any such payment from such trustee.","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Notices to be given to purchasers","content":"#### 12 Notices to be given to purchasers\n\n12 Notices to be given to purchasers\n\n> > (1) No person shall receive an initial payment (whether by way of preliminary or other deposit or otherwise) in connection with an instalment contract unless, before receiving such payment, the person gives or causes to be given to the purchaser a notice in writing duly completed that is in or to the effect of the form in the Fourth Schedule and that complies with the requirements of this section and a notice in writing in the form in the Fifth Schedule and no person shall tender an instalment contract for execution by a purchaser unless at least twenty-four hours before so tendering such contract the person gives or causes to be given to the purchaser such notices.\n> \n> > (2)\n> > \n> > > (a) The notice in or to the effect of the form in the Fourth Schedule—\n> > > \n> > > > (i) shall be signed by the vendor or by the vendor’s duly appointed attorney and the signature shall be attested by a witness, or\n> > > \n> > > > (ii) where the vendor is a company, shall be under seal or shall be signed by an attorney of the company duly appointed under seal.\n> > \n> > > (b) Any such notice purporting to have been signed by an attorney shall be deemed to have been signed by the vendor or to be under the seal of the company as the case may be unless it is proved that such signatory was not authorised in that behalf.\n> \n> > (3) It shall be a failure to comply with the requirements of subsection (1) if any notice given to the purchaser in pursuance thereof—\n> > \n> > > (a) is in handwriting that is not clear and legible, or\n> > \n> > > (b) is printed in type of a size smaller than that known as ten point Times, or\n> > \n> > > (c) contains a material mis-statement or inaccuracy,\n> > \n> > unless in the case of a material mis-statement or inaccuracy, the court before which the enforceability of any instalment contract comes in question, or before which proceedings for an offence under this Act are heard, is satisfied that such failure was accidental or due to inadvertence and was not of such a nature as to be liable to mislead or deceive any person to the person’s prejudice or disadvantage, and that the purchaser was not in fact so misled or deceived.\n> \n> > (4) Any failure to comply with the provisions of this section by any agent of a vendor shall be deemed to be also a failure by the vendor to comply with such provisions, unless such vendor proves that having taken all reasonable precautions against such failure the vendor had reasonable grounds to believe and did believe that all the requirements of this section had been complied with.","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Instalment contract to contain implied term for assurance of lot to purchaser","content":"#### 13 Instalment contract to contain implied term for assurance of lot to purchaser\n\n13 Instalment contract to contain implied term for assurance of lot to purchaser\n\n> > (1) Notwithstanding any stipulation therein, an instalment contract shall be deemed to contain a stipulation entitling the purchaser by notice in writing served on the vendor to require the vendor to do all such things and to execute all such instruments as may be necessary effectively to assure to the purchaser the lot comprised in the instalment contract for the interest therein specified if at the time of the execution of such instruments the purchaser—\n> > \n> > > (a) shall have paid not less than fifteen per centum of the purchase money, or\n> > \n> > > (b) shall have received a notice referred to in section 14 (1) and shall, within a period of twenty-eight days after receiving such notice, have served on the vendor a notice in writing informing the vendor that the purchaser proposes to exercise the purchaser’s rights conferred by the stipulation implied by this section,\n> > \n> > and shall, at the time of the execution by the vendor of such instruments, have executed a mortgage back to the vendor or to such mortgagee as the vendor may have directed which shall—\n> > \n> > > (i) secure payment of the purchase money owing under the instalment contract at the date of the mortgage by instalments of the same amounts and payable at the same time as the remaining instalments payable under the instalment contract,\n> > \n> > > (ii) be in the form, or one of the forms, of mortgage annexed to the trust deed relating to the subdivision in which the lot is included, and\n> > \n> > > (iii) be prepared and completed by or on behalf of the mortgagee at the expense of the mortgagor, which expense shall not in any case exceed the amount prescribed by any General Order made under section 206 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) for the time being in force.\n> \n> > (2) Nothing in subsection (1) prevents any mortgage referred to in that subsection from—\n> > \n> > > (a) containing provisions for securing the payment of the purchase money owing under the instalment contract at the date of the mortgage different from those referred to in subsection (1) (i), or\n> > \n> > > (b) being in a form different from the form, or one of the forms, of mortgage annexed to the trust deed,\n> > \n> > where the vendor and purchaser have so agreed.\n> \n> > (3) The rights conferred on a purchaser by subsection (1) shall be subject to section 14 (3).\n> \n> **s 13:** Am 1978 No 2, Sch 1 (6) (c) (13).","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Notice of intention to charge land to be given to purchaser and trustee","content":"#### 14 Notice of intention to charge land to be given to purchaser and trustee\n\n14 Notice of intention to charge land to be given to purchaser and trustee\n\n> > (1) Before charging a lot the subject of an instalment contract with any form of security (other than statutory charges) which could enable the interest of the purchaser to be overreached by a creditor directly or indirectly, the vendor shall give to the purchaser, or the assignee of the purchaser, and to the trustee under the trust deed relating to the subdivision in which such lot is included notice in a form approved by the Registrar-General of the vendor’s intention so to charge the lot.\n> \n> > (2)\n> > \n> > > (a) Where a vendor under an instalment contract gives to the purchaser a notice referred to in subsection (1), the vendor shall not within a period of twenty-eight days after giving the notice charge the lot comprised in the instalment contract as is mentioned in subsection (1).\n> > \n> > > (b) Where a purchaser who has been given a notice referred to in subsection (1) has within twenty-eight days after such notice was given served on the vendor a notice informing the vendor that the purchaser proposes to exercise the purchaser’s rights under the stipulation implied by section 13, the vendor shall not within a period of twenty-eight days after the service on the vendor of the notice so informing the vendor charge the lot comprised in the instalment contract.\n> \n> > (3) Where a purchaser or the purchaser’s assignee—\n> > \n> > > (a) has been given a notice referred to in subsection (l), and\n> > \n> > > (b) has not exercised the rights conferred on the purchaser by the stipulation implied by section 13,\n> > \n> > then during the currency of the security to which such notice relates given in respect of the lot the purchaser or assignee shall not be entitled to exercise such rights, but nothing in this subsection affects any other rights of the purchaser or assignee under the instalment contract.\n> \n> > (4) In this section, vendor includes any assignee of a vendor and any person for the time being entitled to receive instalments under the instalment contract who has acquired in the lot the subject of the instalment contract an interest capable of being the subject of such a charge as is referred to in subsection (1).\n> \n> **s 14:** Am 1998 No 4, Sch 1 \\[4\\].","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Implied undertakings by vendor where plan of subdivision not registered","content":"#### 15 Implied undertakings by vendor where plan of subdivision not registered\n\n15 Implied undertakings by vendor where plan of subdivision not registered\n\n> Every instalment contract relating to a lot in a subdivision the plan of which has not been registered in the office of the Registrar-General shall be deemed to include undertakings by the vendor that—\n> \n> > (a) where at the date of the instalment contract the plan has not been lodged for registration in the office of the Registrar-General, the vendor will lodge the plan for registration in such office within twenty-eight days after the making of the instalment contract, and\n> \n> > (b) where at the date of the instalment contract or at any subsequent date the plan has been or is lodged for registration in such office, the vendor will do all things reasonably required of the vendor to procure prompt registration of such plan.","sortOrder":19},{"sectionNumber":"16","sectionType":"section","heading":"Implied undertakings in instalment contracts for sale of lots comprised in primary applications","content":"#### 16 Implied undertakings in instalment contracts for sale of lots comprised in primary applications\n\n16 Implied undertakings in instalment contracts for sale of lots comprised in primary applications\n\n> > (1) An instalment contract for the sale of a lot comprised in a primary application shall be deemed to include undertakings by the vendor—\n> > \n> > > (a) promptly to notify the purchaser and the trustee of all requirements made by the Registrar-General in respect of such application,\n> > \n> > > (b) to supply from time to time as required by the purchaser information as to the progress of such application, and\n> > \n> > > (c) promptly to attend to all matters reasonably necessary to procure the creation of a folio of the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> \n> > (2) In respect of any such primary application—\n> > \n> > > (a) all requirements made by the Registrar-General shall be deemed to be requisitions which the purchaser is entitled to make on the vendor and has made within the time limited by the instalment contract for making requisitions, and\n> > \n> > > (b) if the vendor fails to satisfy such requirements within a reasonable time after being notified thereof by the Registrar-General the purchaser shall be entitled to exercise all remedies (including the right to make time of the essence of the contract) conferred by law on purchasers against vendors unable or unwilling to comply with or remove any requisition or objection.\n> \n> > (3) This section shall have effect notwithstanding any stipulation in the instalment contract.\n> \n> **s 16:** Am 1979 No 164, Sch 22; 2021 No 10, Sch 3.16\\[3\\].","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Stipulations in instalment contracts depriving purchasers of certain remedies to be void—rights of purchasers to make early payments","content":"#### 17 Stipulations in instalment contracts depriving purchasers of certain remedies to be void—rights of purchasers to make early payments\n\n17 Stipulations in instalment contracts depriving purchasers of certain remedies to be void—rights of purchasers to make early payments\n\n> > (1) Any stipulation in an instalment contract entered into before registration of a plan of the subdivision shall be void to the extent to which it could have the effect of depriving the purchaser of any remedy (including any right to make time of the essence of the contract) in the event of undue delay by the vendor in procuring registration of such plan.\n> \n> > (2) Notwithstanding any stipulation in an instalment contract, a purchaser under the instalment contract may pay any instalment payable under the instalment contract although the time for payment has not arrived, and in any case where the instalment contract provides for the payment of interest on any instalment payable thereunder and that instalment is paid before the time for its payment has arrived, no interest shall be payable from the date of payment of the instalment.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Stipulations in instalment contracts avoiding trustees’ liabilities to be void","content":"#### 18 Stipulations in instalment contracts avoiding trustees’ liabilities to be void\n\n18 Stipulations in instalment contracts avoiding trustees’ liabilities to be void\n\n> Any stipulation in an instalment contract shall be void to the extent that it would have the effect of exempting a trustee under a trust deed from, or indemnifying the trustee against, liability for breach of trust should the trustee fail properly to perform the powers, authorities, duties and functions required of the trustee as trustee having regard to the provisions of the trust deed.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Stipulations in instalment contracts for payment of trustees’ expenses by purchaser to be void","content":"#### 19 Stipulations in instalment contracts for payment of trustees’ expenses by purchaser to be void\n\n19 Stipulations in instalment contracts for payment of trustees’ expenses by purchaser to be void\n\n> Any stipulation in an instalment contract shall be void to the extent that it would entitle the vendor to recover or obtain or seek to recover or obtain from the purchaser payment of the costs, charges and expenses of the trustee under a trust deed in performing the trustee’s powers, authorities, duties and functions under this Part, or any part of those costs, charges and expenses.\n> \n> **s 19:** Am 1978 No 2, Sch 1 (7).","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Stipulations in instalment contracts for employment of specified solicitor etc by purchaser to be void","content":"#### 20 Stipulations in instalment contracts for employment of specified solicitor etc by purchaser to be void\n\n20 Stipulations in instalment contracts for employment of specified solicitor etc by purchaser to be void\n\n> Any stipulation in an instalment contract to the effect that the assurance to, or the registration of the title of, the purchaser shall be prepared or carried out at the expense of the purchaser by a solicitor or conveyancer appointed by or acting for the vendor, and any stipulation which might restrict a purchaser under an instalment contract in the selection of a solicitor or conveyancer to act on the purchaser’s behalf in relation to any interest in a lot agreed to be purchased, shall be void.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Payments to trustees or agents deemed to be payments to vendor","content":"#### 21 Payments to trustees or agents deemed to be payments to vendor\n\n21 Payments to trustees or agents deemed to be payments to vendor\n\n> Notwithstanding any stipulation in an instalment contract, any money paid by or on behalf of a purchaser of a lot under the instalment contract to the trustee under the trust deed relating to the subdivision in which such lot is included or to the agent of the vendor, whether by way of preliminary or other deposit or otherwise, shall be deemed to have been paid to the vendor, but this section shall not affect any proceedings which may be taken against the trustee or other person.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Duties of vendors where lot is under Real Property Act 1900","content":"#### 22 Duties of vendors where lot is under Real Property Act 1900\n\n22 Duties of vendors where lot is under [Real Property Act 1900](/view/html/inforce/current/act-1900-025)\n\n> Notwithstanding any stipulation in an instalment contract, where a transfer, duly stamped within the meaning of the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) and executed pursuant to section 13, is held by or on behalf of the vendor under such contract, the vendor or the vendor’s agent shall, if the purchaser has paid to the vendor or the vendor’s agent, as the case may be, the fees referred to in paragraph (a)—\n> \n> > (a) forthwith lodge such transfer with the proper officer at the office of the Registrar-General for registration, accompanied by the prescribed fees necessary to procure registration of such transfer, and\n> \n> > (b) within seven days after so lodging such transfer, notify in writing the purchaser or the purchaser’s solicitor that the vendor or the vendor’s agent holds the receipt issued by the Registrar-General upon lodgment of the transfer and in such notification indicate a time and place for the purchaser or the purchaser’s solicitor to inspect such receipt, and\n> \n> > (c) promptly attend to all matters reasonably necessary to procure registration of such transfer, and\n> \n> > (d) notify in writing the purchaser or the purchaser’s solicitor when such transfer has been registered.\n> \n> **s 22:** Am 1978 No 2, Sch 1 (6) (c).","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Duties of vendors where lot is not under Real Property Act 1900","content":"#### 23 Duties of vendors where lot is not under Real Property Act 1900\n\n23 Duties of vendors where lot is not under [Real Property Act 1900](/view/html/inforce/current/act-1900-025)\n\n> Notwithstanding any stipulation in an instalment contract, where a conveyance, duly stamped within the meaning of the [Stamp Duties Act 1920](/view/html/repealed/current/act-1920-047) and executed pursuant to section 13, is held by or on behalf of the vendor under such contract, the vendor or the vendor’s agent shall, if the purchaser has paid to the vendor or the vendor’s agent, as the case may be, the fees referred to in paragraph (a)—\n> \n> > (a) forthwith produce such conveyance to the proper officer at the office of the Registrar-General for registration, accompanied by the prescribed fees necessary to procure registration of such conveyance, and\n> \n> > (b) within seven days after so producing such conveyance, notify in writing the purchaser or the purchaser’s solicitor that the vendor or the vendor’s agent holds the conveyance duly endorsed with the appropriate form of receipt given upon the registration of the conveyance and in such notice indicate a time and place for the purchaser or the purchaser’s solicitor to inspect such registered conveyance.\n> \n> **s 23:** Am 1978 No 2, Sch 1 (6) (c).","sortOrder":27},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous\n\n**pt 4, hdg:** Ins 1978 No 2, Sch 1 (14).","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Penalty","content":"#### 24 Penalty\n\n24 Penalty\n\n> Any—\n> \n> > (a) contravention of, or failure to comply with, a provision of this Act or the regulations made under this Act, or\n> \n> > (b) failure to comply with a covenant contained in a trust deed,\n> \n> shall be an offence under this Act.\n> \n> Any person guilty of an offence under this Act shall be liable to a penalty not exceeding 10 penalty units or to imprisonment for a period not exceeding six months or to both such penalty and imprisonment.\n> \n> **s 24:** Am 1992 No 112, Sch 1.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":null,"content":"#### 25\n\n25 (Repealed)","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Proceedings for offences","content":"#### 26 Proceedings for offences\n\n26 Proceedings for offences\n\n> > (1) Proceedings for an offence under this Act may be dealt with summarily before the Local Court.\n> \n> > (2) No prosecution for an offence under this Act is to be instituted except with the consent in writing of the Minister.\n> \n> > (3) Proceedings for any offence under this Act may be instituted at any time within a period of twelve months after the commission of the offence.\n> \n> **s 26:** Am 1988 No 131, Sch 29. Subst 2007 No 94, Sch 1.54.","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Savings","content":"#### 27 Savings\n\n27 Savings\n\n> Nothing in this Act shall—\n> \n> > (a) affect the liability of any person for an offence with which the person might be charged otherwise than under Part 3,\n> \n> > (b) invalidate any contract or mortgage or other instrument evidencing or affecting the title to any land,\n> \n> but where an instalment contract is entered into in contravention of Part 3, or the vendor fails to comply with any stipulation or undertaking to be complied with by the vendor and implied by Part 3 in an instalment contract, the purchaser shall be entitled by notice in writing served on the vendor to rescind the instalment contract and thereupon shall be entitled to recover as a debt any moneys paid by the purchaser under the instalment contract in any court of competent jurisdiction.\n> \n> **s 27:** Am 1978 No 2, Sch 1 (15).","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Notices","content":"#### 28 Notices\n\n28 Notices\n\n> The provisions of section 170 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) relating to the service of notices shall apply to Part 3, and for the purposes of such provisions the last place of abode or business of a trustee under a trust deed referred to in Part 3 or of a vendor by whom such a trustee has been appointed includes the address for service of notices on the trustee or vendor, as the case may be, specified in the trust deed.\n> \n> **s 28:** Am 1978 No 2, Sch 1 (6) (c) (15).","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Regulations","content":"#### 29 Regulations\n\n29 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act—\n> > \n> > > (a) varying or adding to any of the Schedules to this Act,\n> > \n> > > (b) exempting from the provisions of Part 3 any class of vendors or any class of instalment contracts,\n> > \n> > > (c) prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> > \n> > The Schedules as varied or added to pursuant to any such regulations shall be the Schedules to this Act.\n> \n> > (1A) A regulation may be made so as to include in a notice or other document under this Act matter relating to any provision of or made for the purposes of section 52A of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).\n> \n> > (2) (Repealed)\n> \n> > (3) A regulation may apply differently according to such factors as may be specified in the regulation.\n> \n> **s 29:** Am 1978 No 2, Sch 1 (15) (16); 1985 No 143, sec 3; 1987 No 48, Sch 32.","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 30 Savings and transitional provisions\n\n30 Savings and transitional provisions\n\n> The Sixth Schedule has effect.\n> \n> **s 30:** Ins 1998 No 4, Sch 1 \\[5\\].","sortOrder":36},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\n(Section 7 (1) (f) (iv))\n\n**LAND SALES ACT 1964**\n\nNOTICE TO PURCHASER\n\nTo ............................................................  \n............................................................\n\nAccording to the books of account kept by me, you have now paid at least fifteen per centum of the purchase price payable under instalment contract dated .............................. for the sale of lot number .................... in a plan of subdivision which has been registered in the office of the Registrar-General as .............................. (quote registered number; if the plan is unregistered give description of lot).\n\nUnder section 13 of the abovementioned Act, upon payment of fifteen per centum of the purchase price, you are entitled, by serving a notice in writing on .............................. (name of vendor) the vendor, to require the vendor to transfer or convey to you the lot purchased by you, but only if you execute a mortgage in favour of the vendor securing payment of the unpaid purchase money.\n\nIf you need assistance to enable you to exercise your rights mentioned above, you should consult your solicitor.\n\n  \n..............................(Trustee)","sortOrder":37},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSecond Schedule\n\n(Section 7 (1) (f) (iv))\n\n**LAND SALES ACT 1964**\n\nNOTICE TO VENDOR\n\nTo ............................................................  \n............................................................\n\nAccording to the books of account kept by me, the purchaser of lot number .................... in the plan of subdivision which has been registered in the office of the Registrar-General as .............................. (quote registered number; if the plan is unregistered, give description of lot) has now paid at least fifteen per centum of the purchase price payable under instalment contract dated .............................. for the sale of that lot.\n\n  \n..............................(Trustee)","sortOrder":38},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nThird Schedule\n\n(Section 7 (1) (f) (v))\n\n**LAND SALES ACT 1964**\n\nNOTICE TO PURCHASER\n\nTo ............................................................  \n............................................................  \nthe purchaser of lot number .................... in a plan of subdivision which has been registered in the office of the Registrar-General as .............................. (quote registered number; if the plan is unregistered give description of lot).\n\nI have received a notice under section 14 (1) of the abovementioned Act, stating that the vendor to you of the abovementioned lot intends to charge the lot with a security which could enable your interest in the lot to be overreached. A similar notice should have been served by the vendor on you.\n\nUnder section 13 of the abovementioned Act, you are entitled, within 28 days after service of this notice on you, by serving a notice in writing on .............................. (name of vendor) the vendor, to require the vendor to transfer or convey to you the lot purchased by you, but only if you execute a mortgage in favour of the vendor securing payment of the unpaid purchase money. Unless you obtain a transfer or conveyance of the lot from the vendor, you could be deprived of all your rights in the lot purchased by you in certain circumstances, and it is therefore essential that you act without delay.\n\nIf you need assistance to enable you to exercise your rights mentioned above, you should consult your solicitor.\n\n  \n..............................(Trustee)","sortOrder":39},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nFourth Schedule\n\n(Section 12 (1))\n\n**LAND SALES ACT 1964**\n\nPARTICULARS OF TITLE\n\nin respect of lot number .................... in a plan of subdivision which has been registered in the office of the Registrar-General as .............................. (quote registered number; if the plan is unregistered this fact must be stated) which said plan was approved by the Council of .............................. (name of local government area) on the .......... day of .................... 19....., as certified by general manager’s certificate number .................... of 19.....\n\nThe vendor of the said land is .............................. (state full name and address of vendor).\n\nThe legal owner of the said land is .............................. (state full name and address of legal owner) whose title is evidenced by .............................. (state distinctive reference allocated to the folio of the Register kept under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), or lodgment number of the primary application or appropriate particulars, if old system title).\n\nThere is no outstanding equitable interest in the said land OTHER THAN .............................. (delete the words “other than” if inappropriate).\n\nThere is no form of security charged on the land within described which could enable the interest of a purchaser to be overreached by a creditor either directly or indirectly EXCEPT .............................. (delete the word “except” if inappropriate).\n\nThe name and address of the trustee for purchasers is ............................................................\n\n  \n..............................(Signature of vendor or the vendor’s duly  \nappointed attorney or seal of  \nvendor-company)\n\nSigned in my presence by the vendor, or the vendor’s duly appointed attorney, who is personally known to me, ............................................................\n\n  \n..............................(Witness)\n\n**Fourth Schedule:** Am 1978 No 2, Sch 1 (17); 1979 No 164, Sch 22; 1995 No 11, Sch 1.","sortOrder":40},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nFifth Schedule\n\n(Section 12 (1))\n\n**LAND SALES ACT 1964**\n\nADVICE TO PURCHASERS\n\n**Fifth Schedule:** Am 1978 No 2, Sch 1 (17) (19); 1998 No 4, Sch 1 \\[6\\]; 1999 No 31, Sch 5.57 \\[1\\]–\\[3\\].","sortOrder":41},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 6 Savings and transitional provisions\n\nSixth Schedule Savings and transitional provisions\n\n(Section 30)\n\n**Sixth Schedule:** Ins 1998 No 4, Sch 1 \\[7\\].","sortOrder":51}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1964 Act appears to have been substantially restructured by the 1978 amendments (evident from numerous 'Ins 1978 No 2' notations). Part 2 was entirely repealed in 1987. The current form shows significant expansion from a simple land sales regulation to a comprehensive consumer protection regime with trustee oversight, mandatory disclosure, and detailed procedural requirements. The 1998 amendments further expanded the scope with additional savings provisions and form requirements."},"complexity_factors":["Multiple defined terms in section 2 including nested definitions for 'instalment contract' with specific numerical thresholds (5+ lots, 4+ payments) and exceptions","Extensive cross-referencing to other Acts: Real Property Act 1900, Environmental Planning and Assessment Act 1979, Conveyancing Act 1919, Strata Schemes Development Act 2015, Conveyancers Licensing Act 1992","Conditional logic throughout: section 4 has 4 separate requirements (a, b, b1, c) that must all be satisfied, with sub-paragraphs and exceptions","Multiple notice requirements with specific timeframes: 7 days, 14 days, 21 days, 28 days appearing in sections 9, 10, 12, 14","Trust deed requirements in section 7 contain 7 separate paragraphs (a-g) with detailed covenants and conditions","Implied terms and statutory covenants in sections 13-23 that override contractual terms","Five separate schedules prescribing mandatory forms with specific content requirements","Ministerial powers subject to conditions: approval of trustees (s 4, 5), exemptions (s 6), gazettal requirements","Nested exceptions: section 6 exemptions for statutory bodies and local councils; section 2 exclusions for strata schemes and small subdivisions","Transitional provisions in Schedule 6 dealing with amendments from 1998 Act"],"plain_english_summary":"**What this law does:**\n\nThis is a **consumer protection law** for people buying land in New South Wales through **instalment contracts** — that is, paying for land in multiple payments over time rather than all at once.\n\n**Who it affects:**\n- **Buyers (purchasers)** of land in subdivisions of 5 or more lots who pay in 4 or more instalments\n- **Developers and vendors** selling land this way\n- **Trustees** appointed to hold buyer deposits safely\n\n**Key protections it provides:**\n\n- **Trustee system**: Developers must appoint an approved trustee to hold buyer deposits (at least 15% of the price) in trust until the sale is finalised. This stops developers from spending buyer money before delivering the land.\n\n- **Cooling-off and advice**: Buyers paying preliminary deposits must receive a contract with an undertaking to refund reasonable legal advice costs. They get 14 days to consider the contract, plus another 7 days if they get legal advice.\n\n- **Early transfer right**: Once a buyer has paid 15% of the price, they can demand the land be transferred into their name immediately (with a mortgage back to the vendor for the balance). This protects buyers if the developer gets into financial trouble.\n\n- **Warning notices**: Buyers must receive specific notices about their rights, the title details, and any mortgages or charges over the land before paying money.\n\n- **Registration requirements**: The subdivision must be properly approved by council and registered (or in the process of registration) under the Torrens title system.\n\n- **Bans on unfair terms**: Contracts cannot force buyers to use the vendor's lawyer, cannot make buyers pay the trustee's costs, and cannot strip buyers of remedies if the developer delays.\n\n**Why it matters:**\n\nThis law was designed to stop **land banking scams** and **developer insolvency risks** where buyers would pay deposits for land that was never built or properly subdivided. It ensures buyer money is protected in a trust and gives buyers early rights to secure their title, reducing the risk of losing their investment if a developer collapses or misuses funds."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered by subsequent amendments and repeals recorded in the text. Parts and sections have been added and repealed (see Part 2 notes), the definition of instalment contract has been refined (including exclusion of strata schemes) (s2), statutory exemptions for Crown bodies and local councils were added (s6), Ministerial powers to approve/revoke trustees and to make exemptions were expanded (s5, s6), and regulations may now vary Schedules and exempt classes (s29). Transitional provisions preserve certain pre‑amendment undertakings (Sixth Schedule)."},"complexity_factors":["Detailed threshold definitions and eligibility rules (e.g. 'instalment contract' limited by number of lots and part‑payments) (s2)","Comprehensive trustee regime: mandatory trust deeds, trustee duties, record‑keeping, confidentiality limits and liability rules (s4(c), s7, s21)","Ministerial discretion over approval, conditions and revocation of trustees and power to grant exemptions by Gazette order (s4(c), s5, s6)","Multiple prescribed notices, fixed forms and timing rules that affect enforceability and purchaser rights (Schedules 1–5; s9, s10, s12)","Interaction with other statute regimes (Real Property Act for registration, Environmental Planning and Assessment Act for subdivision definitions, Conveyancers Licensing Act) creating cross‑statutory dependencies (s2, s4(b), s16)","Substantive limits on contractual freedom (voiding of certain stipulations affecting purchasers or trustees) that require contract drafting compliance (s13, s17–s21)","Payment routing and timing rules (e.g. trustee holding preliminary deposits, 15% payment notice requirements) that alter commercial cash flows (s9–s11, s13)","Criminal sanctions and prosecution constraints (penalties, imprisonment, and requirement for Minister's written consent to prosecute) increasing enforcement complexity (s24, s26)","Regulatory delegation and flexibility to vary Schedules, exempt classes, and apply regulations differently by class (s29)","Transitional and savings provisions and multiple historical amendments and repeals that affect interpretation and application (Sixth Schedule; numerous amendment notes)"],"plain_english_summary":"This Act regulates sales of lots by instalment contracts in subdivisions (five or more lots). It requires minister‑approved trust deeds and trustees to hold preliminary deposits and up to at least 15% of purchase money, prescribes standard contract forms and mandatory notices, limits certain contractual terms, and creates offences and penalties (s2, s7, s9–s13, s24). The Minister and Registrar‑General have key discretionary powers (approval, revocation, exemptions) that shift compliance costs onto vendors, trustees and agents."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The Act was originally named the 'Land Vendors Act 1964', suggesting an initial focus on the obligations of vendors (sellers). The rename to 'Land Sales Act 1964' reflects a broader framing around the transaction of land sales generally, rather than solely the vendor's perspective. This suggests the scope may have broadened over time to cover the sale process more holistically, though the full text would be needed to confirm the extent of any substantive scope changes."},"complexity_factors":["Only metadata and administrative information was provided — no substantive legal provisions were included in the text","The document is primarily website navigation and status information, not legal content","The Act's original name change (from Land Vendors Act to Land Sales Act) adds minor historical complexity","Multiple amendment versions over decades could create complexity in the full Act, but cannot be assessed from this document","Cross-references to other legislation (e.g. Interpretation Act 1987) are present but not elaborated upon"],"plain_english_summary":"The Land Sales Act 1964 (NSW) is the state law governing sale of land in New South Wales: it imposes obligations on sellers and protects buyers by ensuring key information is disclosed before sale. It affects anyone buying or selling NSW land, plus agents and conveyancers.\n\nThe provided document contains only administrative/status details (not the Act’s substantive text). The Act remains in force, has been amended multiple times (latest 2021), and sits with the Minister for Customer Service and Digital Government."}},"importantCases":[],"_links":{"self":"/api/acts/land-sales-act-1964","history":"/api/acts/land-sales-act-1964/history","analysis":"/api/acts/land-sales-act-1964/analysis","conflicts":"/api/acts/land-sales-act-1964/conflicts","importantCases":"/api/acts/land-sales-act-1964/important-cases","documents":"/api/acts/land-sales-act-1964/documents"}}