71Rights of purchaser if vendor's title defective

71 Rights of purchaser if vendor's title defective (1) If specific performance of a contract would not be enforced against the purchaser of land by the Court because of a defect in or doubt as to the vendor's title to the land but the defect or doubt does not entitle the purchaser to rescind the contract, the purchaser is nevertheless entitled to: (a) recover the purchaser's deposit and any instalments paid under the contract; and (b) be relieved from all liability under the contract, unless the contract discloses the defect or doubt and contains a provision precluding the purchaser from objecting to the defect or doubt.

Law of Property Act 2000 42 (2) If a defect or doubt referred to in subsection (1) is not disclosed by the contract but is one which is known or ought to have been known to the vendor at the date of the contract, the purchaser is also entitled to recover the purchaser's expenses of investigating the title. (a) only to contracts made after the commencement of this Act; and (b) despite any term of a contract to the contrary.