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Law of Property Act 2000
64Conditions of sale of land
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64 Conditions of sale of land
(1) Under a contract for the sale of registered land the purchaser is
entitled, at the cost of the vendor, to:
(a) receive from the vendor sufficient particulars of title to enable
the purchaser to prepare the appropriate instrument to give
effect to the contract;
(b) receive from the vendor a true copy of an instrument, forming
part of the vendor's title, in respect of which a caveat has been
registered;
(c) have the relevant certificate as to title or other document of
title lodged by the vendor in the Land Titles Office to enable
the instrument referred to in paragraph (a) to be registered;
and
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(d) have an objection to the registration of that instrument
removed by the vendor.
(2) If there is an objection to the registration of the instrument which:
(a) the purchaser ought to have raised on the particulars or true
copy or on the investigation of the title; or
(b) arises from the purchaser's own act, default or omission,
the purchaser is not entitled to have the objection removed except
at the purchaser's own cost.
(3) Under a contract for the sale of land there is implied a term that:
(a) payment or tender of money payable under the contract may
be made by cheque drawn by a bank;
(b) an obligation on the part of the vendor to execute and deliver
a conveyance of the subject land or documents of title to the
land free of encumbrances is satisfied if the vendor, on
completion of the contract, will be able to discharge and in fact
does discharge existing encumbrances out of the purchase
money payable under the contract by the purchaser; and
(c) unless otherwise agreed by the parties, their legal
practitioners or conveyancing agents, settlement of the
contract must take place at the office of the Land Titles Office
at which the documents relating to the conveyance may be
lodged that is nearest to the land.
(4) If, in a contract for the sale of land, the date for payment of the
purchase money or a part of the purchase money is to be
ascertained by reference to a period of time expiring on a day that
is a Saturday, a Sunday or a public holiday, unless the contract
designates the day as a Saturday, a Sunday or by the name of the
public holiday completion is to take place:
(a) on another day as agreed to by the parties, their legal
practitioners or conveyancing agents; or
(b) in default of an agreement, on the day, other than a Saturday,
Sunday, or public holiday, next following the day on which the
period of time expires.
(5) This section:
(a) applies only if and to the extent that a contrary intention is not
expressed in the contract; and
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(b) has effect subject to the terms of the contract.