QLDIn ForceAct
Property Law Act 2023
sec.105Seller must repay amounts to buyer on termination
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### sec.105 Seller must repay amounts to buyer on termination
This section applies if a buyer of a lot terminates a contract for the sale of the lot under section 104 .
The seller of the lot must, within 14 days after the termination, repay to the buyer—
any amount paid, towards the purchase of the lot, to—
the seller or the seller’s agent; or
another entity to whom the amount is paid under the contract; and
any interest that accrued on the amount while it was held by the seller, seller’s agent or other entity.
The buyer may recover an amount repayable under subsection (2) as a debt.
To remove any doubt, it is declared that the seller of a lot is not required to repay an amount that is collateral to the purchase of the lot and for which the buyer receives consideration separate to the purchase.
occupation rent
contribution for rates and maintenance
(sec.105-ssec.1) This section applies if a buyer of a lot terminates a contract for the sale of the lot under section 104 .
(sec.105-ssec.2) The seller of the lot must, within 14 days after the termination, repay to the buyer— any amount paid, towards the purchase of the lot, to— the seller or the seller’s agent; or another entity to whom the amount is paid under the contract; and any interest that accrued on the amount while it was held by the seller, seller’s agent or other entity.
(sec.105-ssec.3) The buyer may recover an amount repayable under subsection (2) as a debt.
(sec.105-ssec.4) To remove any doubt, it is declared that the seller of a lot is not required to repay an amount that is collateral to the purchase of the lot and for which the buyer receives consideration separate to the purchase. occupation rent contribution for rates and maintenance
- (a) any amount paid, towards the purchase of the lot, to— (i) the seller or the seller’s agent; or (ii) another entity to whom the amount is paid under the contract; and
- (i) the seller or the seller’s agent; or
- (ii) another entity to whom the amount is paid under the contract; and
- (b) any interest that accrued on the amount while it was held by the seller, seller’s agent or other entity.
- (i) the seller or the seller’s agent; or
- (ii) another entity to whom the amount is paid under the contract; and
- 1 occupation rent
- 2 contribution for rates and maintenance