QLDIn ForceAct
Building Units and Group Titles Act 1980
sec.49BAvoiding contract if not settled within particular period
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### sec.49B Avoiding contract if not settled within particular period
This section applies if, other than because of the purchaser’s default, the original proprietor has not settled the contract for the sale of the proposed lot before—
if the contract provides for a date by which it must be settled (the sunset date ), the earlier of the following—
the sunset date or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date;
the end of 5 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date; or
otherwise—the end of 3 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date.
See section 139 for the particular circumstances in which the period prescribed in subsection (1) (b) is changed.
The purchaser may avoid the contract for the sale of the proposed lot by a signed written notice of avoidance given to the original proprietor before the contract is settled.
s 49B ins 2014 No. 46 s 30
(sec.49B-ssec.1) This section applies if, other than because of the purchaser’s default, the original proprietor has not settled the contract for the sale of the proposed lot before— if the contract provides for a date by which it must be settled (the sunset date ), the earlier of the following— the sunset date or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date; the end of 5 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date; or otherwise—the end of 3 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date. See section 139 for the particular circumstances in which the period prescribed in subsection (1) (b) is changed.
(sec.49B-ssec.2) The purchaser may avoid the contract for the sale of the proposed lot by a signed written notice of avoidance given to the original proprietor before the contract is settled.
- (a) if the contract provides for a date by which it must be settled (the sunset date ), the earlier of the following— (i) the sunset date or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date; (ii) the end of 5 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date; or
- (i) the sunset date or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date;
- (ii) the end of 5 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date; or
- (b) otherwise—the end of 3 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date.
- (i) the sunset date or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date;
- (ii) the end of 5 1 / 2 years after the day the contract was entered into by the purchaser or, if the purchaser requests a later date for settlement and the original proprietor agrees to the date, the later date; or