sec.76Implied conditions

### sec.76 Implied conditions The following conditions are implied in a contract for the sale of land— the seller must give the buyer, at the cost of the seller, a copy of each document, in relation to which a caveat is registered, that is in the possession of the seller; the seller must, at the cost of the seller, remove any objection to the registration of any document required to give effect to the contract unless— the objection arises from the buyer’s own act or omission; or the objection may have been discovered by a reasonable person in the position of the buyer, and was not raised by the buyer, before settlement; if the seller is required under the contract to transfer the land free from encumbrances—the seller must, on settlement of the contract— discharge any encumbrances out of the purchase money payable under the contract by the buyer; and for an encumbrance registered on the title to the land—give the buyer a release of the encumbrance in registrable form. Also, if a sale of land is not an e-conveyance, the following conditions are implied in the contract for the sale of the land— payment or tender of money payable under the contract may be made by a cheque drawn on a financial institution; settlement of the contract must take place at— the office of the land registry at which the document relating to the sale may be lodged; or if there is more than 1 office under subparagraph (i) —the office of the land registry nearest the land. This section applies subject to the terms of the contract for the sale of the land. (sec.76-ssec.1) The following conditions are implied in a contract for the sale of land— the seller must give the buyer, at the cost of the seller, a copy of each document, in relation to which a caveat is registered, that is in the possession of the seller; the seller must, at the cost of the seller, remove any objection to the registration of any document required to give effect to the contract unless— the objection arises from the buyer’s own act or omission; or the objection may have been discovered by a reasonable person in the position of the buyer, and was not raised by the buyer, before settlement; if the seller is required under the contract to transfer the land free from encumbrances—the seller must, on settlement of the contract— discharge any encumbrances out of the purchase money payable under the contract by the buyer; and for an encumbrance registered on the title to the land—give the buyer a release of the encumbrance in registrable form. (sec.76-ssec.2) Also, if a sale of land is not an e-conveyance, the following conditions are implied in the contract for the sale of the land— payment or tender of money payable under the contract may be made by a cheque drawn on a financial institution; settlement of the contract must take place at— the office of the land registry at which the document relating to the sale may be lodged; or if there is more than 1 office under subparagraph (i) —the office of the land registry nearest the land. (sec.76-ssec.3) This section applies subject to the terms of the contract for the sale of the land. - (a) the seller must give the buyer, at the cost of the seller, a copy of each document, in relation to which a caveat is registered, that is in the possession of the seller; - (b) the seller must, at the cost of the seller, remove any objection to the registration of any document required to give effect to the contract unless— (i) the objection arises from the buyer’s own act or omission; or (ii) the objection may have been discovered by a reasonable person in the position of the buyer, and was not raised by the buyer, before settlement; - (i) the objection arises from the buyer’s own act or omission; or - (ii) the objection may have been discovered by a reasonable person in the position of the buyer, and was not raised by the buyer, before settlement; - (c) if the seller is required under the contract to transfer the land free from encumbrances—the seller must, on settlement of the contract— (i) discharge any encumbrances out of the purchase money payable under the contract by the buyer; and (ii) for an encumbrance registered on the title to the land—give the buyer a release of the encumbrance in registrable form. - (i) discharge any encumbrances out of the purchase money payable under the contract by the buyer; and - (ii) for an encumbrance registered on the title to the land—give the buyer a release of the encumbrance in registrable form. - (i) the objection arises from the buyer’s own act or omission; or - (ii) the objection may have been discovered by a reasonable person in the position of the buyer, and was not raised by the buyer, before settlement; - (i) discharge any encumbrances out of the purchase money payable under the contract by the buyer; and - (ii) for an encumbrance registered on the title to the land—give the buyer a release of the encumbrance in registrable form. - (a) payment or tender of money payable under the contract may be made by a cheque drawn on a financial institution; - (b) settlement of the contract must take place at— (i) the office of the land registry at which the document relating to the sale may be lodged; or (ii) if there is more than 1 office under subparagraph (i) —the office of the land registry nearest the land. - (i) the office of the land registry at which the document relating to the sale may be lodged; or - (ii) if there is more than 1 office under subparagraph (i) —the office of the land registry nearest the land. - (i) the office of the land registry at which the document relating to the sale may be lodged; or - (ii) if there is more than 1 office under subparagraph (i) —the office of the land registry nearest the land.