QLDIn ForceAct
Property Law Act 2023
sec.106No other remedy if prescribed certificate contains inaccurate information given by body corporate or other entity
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### sec.106 No other remedy if prescribed certificate contains inaccurate information given by body corporate or other entity
This section applies if—
the seller of a lot gives the buyer of the lot a prescribed certificate applicable to the lot; and
the certificate contains a true and complete copy of information given to the seller by a body corporate or other entity; and
the information given to the seller by the body corporate or other entity is inaccurate.
The buyer’s sole remedy against the seller in relation to the inaccurate information is under this division.
See section 104 .
To remove any doubt, it is declared that a reference in subsection (1) to information given to a seller by a body corporate includes a reference to information given to a seller by a body corporate manager or another person who is authorised to give the information for the body corporate.
This section does not limit the Body Corporate and Community Management Act 1997 , chapter 5 , part 3 .
In this section—
body corporate means—
a body corporate created under the Body Corporate and Community Management Act 1997 for a community titles scheme; or
a body corporate under the Building Units and Group Titles Act 1980 , section 7 (1) .
body corporate manager means—
a body corporate manager under the Body Corporate and Community Management Act 1997 , section 14 for a community titles scheme; or
a body corporate manager under the Building Units and Group Titles Act 1980 , section 7 (1) .
(sec.106-ssec.1) This section applies if— the seller of a lot gives the buyer of the lot a prescribed certificate applicable to the lot; and the certificate contains a true and complete copy of information given to the seller by a body corporate or other entity; and the information given to the seller by the body corporate or other entity is inaccurate.
(sec.106-ssec.2) The buyer’s sole remedy against the seller in relation to the inaccurate information is under this division. See section 104 .
(sec.106-ssec.3) To remove any doubt, it is declared that a reference in subsection (1) to information given to a seller by a body corporate includes a reference to information given to a seller by a body corporate manager or another person who is authorised to give the information for the body corporate.
(sec.106-ssec.4) This section does not limit the Body Corporate and Community Management Act 1997 , chapter 5 , part 3 .
(sec.106-ssec.5) In this section— body corporate means— a body corporate created under the Body Corporate and Community Management Act 1997 for a community titles scheme; or a body corporate under the Building Units and Group Titles Act 1980 , section 7 (1) . body corporate manager means— a body corporate manager under the Body Corporate and Community Management Act 1997 , section 14 for a community titles scheme; or a body corporate manager under the Building Units and Group Titles Act 1980 , section 7 (1) .
- (a) the seller of a lot gives the buyer of the lot a prescribed certificate applicable to the lot; and
- (b) the certificate contains a true and complete copy of information given to the seller by a body corporate or other entity; and
- (c) the information given to the seller by the body corporate or other entity is inaccurate.
- (a) a body corporate created under the Body Corporate and Community Management Act 1997 for a community titles scheme; or
- (b) a body corporate under the Building Units and Group Titles Act 1980 , section 7 (1) .
- (a) a body corporate manager under the Body Corporate and Community Management Act 1997 , section 14 for a community titles scheme; or
- (b) a body corporate manager under the Building Units and Group Titles Act 1980 , section 7 (1) .