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Property Law Act 1958
48Stipulations preventing a purchaser etc. from employing own legal practitioner to be void
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48 Stipulations preventing a purchaser etc. from employing own legal practitioner to be void
S. 48(1) amended by No. 35/1996 s. 453(Sch. 1 item 68.2).
(1) Any stipulation or condition made on the sale of any land or interest in land after the commencement of this Act to the effect that the conveyance or transfer to, or the registration of the title of, the purchaser shall be prepared or carried out at the expense of the purchaser by a legal practitioner appointed by or acting for the vendor, and any stipulation which restricts or might restrict a purchaser in the selection of a legal practitioner to act on his behalf in relation to any land or interest in land agreed to be purchased, shall be void.
(2) Any covenant or stipulation contained in or entered into with reference to any lease or under‑lease made before or after the commencement of this Act—
S. 48(2)(a) amended by No. 35/1996 s. 453(Sch. 1 item 68.2).
(a) whereby the right of preparing, at the expense of a purchaser, any conveyance of the estate or interest of the lessee or under-lessee in the demised premises or in any part thereof, or of otherwise carrying out, at the expense of the purchaser, any dealing with such estate or interest, is expressed to be reserved to or vested in the lessor or under-lessor or his legal practitioner; or
S. 48(2)(b) amended by No. 35/1996 s. 453(Sch. 1 item 68.2).
(b) which in any way restricts the right of the purchaser to have such conveyance carried out on his behalf by a legal practitioner appointed by him—
shall be void.
(3) This section shall not affect the law relating to the preparation of a lease or under-lease or the draft thereof.
(4) In this section ***lease*** and ***under-lease*** shall include any agreement therefor or other tenancy, and ***lessee*** and ***under-lessee*** and ***lessor*** and ***under‑lessor*** shall have corresponding meanings.
No. 3754 s. 49.