QLDIn ForceAct
Property Law Act 2023
sec.103Giving of disclosure documents to buyer who is not registered as bidder until after start of auction
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### sec.103 Giving of disclosure documents to buyer who is not registered as bidder until after start of auction
This section applies if—
a lot is sold by auction; and
the buyer of the lot was not registered as a bidder until after the start of the auction; and
the buyer of the lot was not given the disclosure documents under section 101 (1) before the start of the auction.
The seller is taken to have given the buyer the disclosure documents for the lot before the completion of the auction if—
for an auction conducted in person, either of the following documents was displayed at the place of the auction from the start of the auction until the completion of the auction—
a physical copy of the disclosure documents;
a physical document stating the disclosure documents could be viewed by using a stated electronic link; or
for an auction conducted electronically, either of the following documents was made available in the same electronic medium being used to conduct the auction from the start of the auction until the completion of the auction—
a copy of the disclosure documents;
a document stating the disclosure documents could be viewed, and a copy obtained, by using a stated electronic link.
However, if subsection (2) (a) (ii) applies and the buyer of the lot asks the seller of the lot for a physical copy of the disclosure documents, the seller is taken to have given the buyer the disclosure documents for the lot before the completion of the auction only if the seller—
gives the buyer a physical copy of the disclosure documents; or
displays at the place of auction a physical copy of the disclosure documents.
For subsections (2) (a) (ii) and (b)(ii), the buyer of the lot is taken to have received the disclosure documents only if, by using the stated electronic link, the buyer would have been able to view and obtain a copy of the disclosure documents for the period—
starting at the time the document containing the electronic link was displayed or sent; and
ending at the completion of the auction.
Subsection (4) applies whether or not the buyer of the lot used the electronic link.
(sec.103-ssec.1) This section applies if— a lot is sold by auction; and the buyer of the lot was not registered as a bidder until after the start of the auction; and the buyer of the lot was not given the disclosure documents under section 101 (1) before the start of the auction.
(sec.103-ssec.2) The seller is taken to have given the buyer the disclosure documents for the lot before the completion of the auction if— for an auction conducted in person, either of the following documents was displayed at the place of the auction from the start of the auction until the completion of the auction— a physical copy of the disclosure documents; a physical document stating the disclosure documents could be viewed by using a stated electronic link; or for an auction conducted electronically, either of the following documents was made available in the same electronic medium being used to conduct the auction from the start of the auction until the completion of the auction— a copy of the disclosure documents; a document stating the disclosure documents could be viewed, and a copy obtained, by using a stated electronic link.
(sec.103-ssec.3) However, if subsection (2) (a) (ii) applies and the buyer of the lot asks the seller of the lot for a physical copy of the disclosure documents, the seller is taken to have given the buyer the disclosure documents for the lot before the completion of the auction only if the seller— gives the buyer a physical copy of the disclosure documents; or displays at the place of auction a physical copy of the disclosure documents.
(sec.103-ssec.4) For subsections (2) (a) (ii) and (b)(ii), the buyer of the lot is taken to have received the disclosure documents only if, by using the stated electronic link, the buyer would have been able to view and obtain a copy of the disclosure documents for the period— starting at the time the document containing the electronic link was displayed or sent; and ending at the completion of the auction.
(sec.103-ssec.5) Subsection (4) applies whether or not the buyer of the lot used the electronic link.
- (a) a lot is sold by auction; and
- (b) the buyer of the lot was not registered as a bidder until after the start of the auction; and
- (c) the buyer of the lot was not given the disclosure documents under section 101 (1) before the start of the auction.
- (a) for an auction conducted in person, either of the following documents was displayed at the place of the auction from the start of the auction until the completion of the auction— (i) a physical copy of the disclosure documents; (ii) a physical document stating the disclosure documents could be viewed by using a stated electronic link; or
- (i) a physical copy of the disclosure documents;
- (ii) a physical document stating the disclosure documents could be viewed by using a stated electronic link; or
- (b) for an auction conducted electronically, either of the following documents was made available in the same electronic medium being used to conduct the auction from the start of the auction until the completion of the auction— (i) a copy of the disclosure documents; (ii) a document stating the disclosure documents could be viewed, and a copy obtained, by using a stated electronic link.
- (i) a copy of the disclosure documents;
- (ii) a document stating the disclosure documents could be viewed, and a copy obtained, by using a stated electronic link.
- (i) a physical copy of the disclosure documents;
- (ii) a physical document stating the disclosure documents could be viewed by using a stated electronic link; or
- (i) a copy of the disclosure documents;
- (ii) a document stating the disclosure documents could be viewed, and a copy obtained, by using a stated electronic link.
- (a) gives the buyer a physical copy of the disclosure documents; or
- (b) displays at the place of auction a physical copy of the disclosure documents.
- (a) starting at the time the document containing the electronic link was displayed or sent; and
- (b) ending at the completion of the auction.