42Provisions as to contracts

42 Provisions as to contracts (1) A stipulation that a purchaser of a legal estate in land shall accept a title made with the concurrence of any person entitled to an equitable interest shall be void, if a title can be made discharged from the equitable interest without such concurrence— (a) under a trust for sale; or (b) under this Act, or the **Settled Land Act 1958**, or any other Act. (2) A stipulation that a purchaser of a legal estate in land shall pay or contribute towards the costs of or incidental to obtaining a vesting order, or the appointment of trustees of a settlement, or the appointment of trustees in relation to a trust for sale, shall be void. S. 42(3) amended by Nos 35/1996 s. 453(Sch. 1 item 68.2), 23/2016 s. 36(1). (3) No contract of sale relating to land shall contain a clause or condition stipulating for the payment by the purchaser to the vendor or to the legal practitioner or conveyancer of the vendor of any costs and expenses except— (a) costs and expenses incurred by the vendor by reason of default on the part of the purchaser in respect of the observance or performance of any of the terms or conditions of the contract; (b) such costs and expenses as are payable by the purchaser pursuant to— (i) conditions of sale of land not under the operation of the **Transfer of Land Act 1958** which conditions are adopted pursuant to section forty-six of this Act; or (ii) conditions to the like effect of sale of such land; and (c) costs and expenses of perusal and obtaining the execution and registration of any conveyance transfer or other assurance of any land being part only of the land which is the subject-matter of such contract of sale. (4) A stipulation contained in any contract for the sale or exchange of land made after the commencement of this Act, to the effect that an outstanding legal estate is to be traced or got in by or at the expense of a purchaser, or that no objection is to be taken on account of an outstanding legal estate, shall be void. (5) Where a purchaser has power to acquire land compulsorily and a contract, whether by virtue of a notice to treat or otherwise, is subsisting under which title can be made without payment of the compensation money into court, title shall be made in that way unless the purchaser, to avoid expense or delay or for any special reason, considers it expedient that the money should be paid into court. (6) A vendor shall not have any power to rescind a contract by reason only of the enforcement of any right under this section. S. 42(7) inserted by No 23/2016 s. 36(2). (7) In this section— ***conveyancer*** means a licensee under the **Conveyancers Act 2006**. No. 3754 s. 43.