17Consequences before transfer of failure to give copy of application or order to prospective purchaser

17 Consequences before transfer of failure to give copy of application or order to prospective purchaser

(1)  This section applies in relation to a proposed sale of land if, before a person who proposed to purchase land enters into a contract of sale of the land –

(a) the owner of the land is given a copy of an application or an order; and

(b) the owner of the land does not give a copy of the application or order to the person.

(2)  If this section applies in relation to a proposed sale of land, the person who has entered into a contract of sale in relation to the land may, at any time before the settlement of the sale occurs, terminate the contract of sale by giving, to the owner of the land or the owner's agent, a signed and dated notice of termination specifying that the sale is terminated under this section.

(3)  If a contract of sale of land is terminated under subsection (2) by a person, the owner of the land to which the contract related must, within 14 days, refund to the person any deposit paid under the contract by the person.

Penalty:  Fine not exceeding 150 penalty units.

(4)  If an owner of land, in pursuance of subsection (3) , instructs a person who holds the deposit paid under a contract of sale to refund the deposit to the other person who entered into the contract, the person holding the deposit must immediately refund the deposit to the other person.

Penalty:  Fine not exceeding 150 penalty units.

(5)  If this section applies in relation to a proposed sale of land and the contract of sale in relation to the land is terminated under subsection (2) by a person –

(a) the owner of the land; and

(b) the person, if any, who was acting for the owner of the land and who prepared the contract of sale in relation to the land –

are jointly and severally liable to the person who terminated the contract of sale for the reasonable legal and other expenses incurred, by that person in relation to the contract of sale, after that person signed the contract of sale.

(6)  Subsection (5) does not apply in relation to –