NSWIn ForceRegulation
Conveyancing (Sale of Land) Regulation 2022
21Purchaser may rescind contract or option
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#### 21 Purchaser may rescind contract or option
21 Purchaser may rescind contract or option
> > (1) For the Act, section 52A(6), the purchaser under a contract for the sale of land may rescind the contract—
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> > > (a) for the vendor’s failure to attach the prescribed documents to the contract, or
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> > > (b) for the vendor’s failure to attach a disclosure statement to an off the plan contract in accordance with the Act, section 66ZM, or
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> > > (c) for breach of a warranty prescribed under the Act, section 52A(2)(b).
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> > (2) For the Act, section 66ZA(2)(b), the purchaser under an option may rescind the option for breach of a warranty prescribed under the Act, section 66ZA(1).
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> > (3) Subsections (1)(c) and (2) apply if—
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> > > (a) the breach constitutes a failure to disclose to the purchaser the existence of a matter affecting the land, and
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> > > (b) the purchaser was unaware of the existence of the matter when the contract or option was entered into, and
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> > > (c) the purchaser would not have entered into the contract or option had the purchaser been aware of the matter, and
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> > > (d) if the rescission is for breach of the part of the warranty in Schedule 2, item 1(d) or 5(d)—a building information certificate for the building, or part of the building, to which the warranty relates has not been issued since the date of the relevant contract or option.
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> **s 21:** Am 2025 No 50, Sch 3\[3\].