sec.77Buyer may rescind contract if residential dwelling unfit for occupation

### sec.77 Buyer may rescind contract if residential dwelling unfit for occupation This section applies if— parties enter into a contract for the sale of land; and the land contains or comprises a residential dwelling; and before the earlier of the following to happen, the residential dwelling is so damaged or destroyed as to be unfit for occupation as a residential dwelling— the settlement of the contract; the buyer taking possession of the land under the contract or another document. The buyer may rescind the contract by giving notice to the seller of the rescission before the earliest of the following to happen— the settlement of the contract; the buyer taking possession of the land under the contract or another document; the seller restoring the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling. If the seller restores the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling, the seller must give notice to the buyer of the restoration as soon as practicable after the restoration. The buyer may, after receiving notice under subsection (3) and giving reasonable notice to the seller, inspect the residential dwelling. On rescission of the contract, an amount, if any, paid under the contract by the buyer must be refunded to the buyer. This section applies despite any agreement to the contrary. In this section— residential dwelling — means a building or part of a building used, or currently designed for use, only as a single dwelling; and includes a residential dwelling that comprises— a lot included in a community titles scheme; or a lot under the Building Units and Group Titles Act 1980 ; or a leasehold building units lot under the South Bank Corporation Act 1989 , section 97B ; and does not include a building or part of a building used, or currently designed for use, as temporary accommodation. (sec.77-ssec.1) This section applies if— parties enter into a contract for the sale of land; and the land contains or comprises a residential dwelling; and before the earlier of the following to happen, the residential dwelling is so damaged or destroyed as to be unfit for occupation as a residential dwelling— the settlement of the contract; the buyer taking possession of the land under the contract or another document. (sec.77-ssec.2) The buyer may rescind the contract by giving notice to the seller of the rescission before the earliest of the following to happen— the settlement of the contract; the buyer taking possession of the land under the contract or another document; the seller restoring the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling. (sec.77-ssec.3) If the seller restores the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling, the seller must give notice to the buyer of the restoration as soon as practicable after the restoration. (sec.77-ssec.4) The buyer may, after receiving notice under subsection (3) and giving reasonable notice to the seller, inspect the residential dwelling. (sec.77-ssec.5) On rescission of the contract, an amount, if any, paid under the contract by the buyer must be refunded to the buyer. (sec.77-ssec.6) This section applies despite any agreement to the contrary. (sec.77-ssec.7) In this section— residential dwelling — means a building or part of a building used, or currently designed for use, only as a single dwelling; and includes a residential dwelling that comprises— a lot included in a community titles scheme; or a lot under the Building Units and Group Titles Act 1980 ; or a leasehold building units lot under the South Bank Corporation Act 1989 , section 97B ; and does not include a building or part of a building used, or currently designed for use, as temporary accommodation. - (a) parties enter into a contract for the sale of land; and - (b) the land contains or comprises a residential dwelling; and - (c) before the earlier of the following to happen, the residential dwelling is so damaged or destroyed as to be unfit for occupation as a residential dwelling— (i) the settlement of the contract; (ii) the buyer taking possession of the land under the contract or another document. - (i) the settlement of the contract; - (ii) the buyer taking possession of the land under the contract or another document. - (i) the settlement of the contract; - (ii) the buyer taking possession of the land under the contract or another document. - (a) the settlement of the contract; - (b) the buyer taking possession of the land under the contract or another document; - (c) the seller restoring the residential dwelling to the condition it was in immediately before it was so damaged or destroyed as to be unfit for occupation as a residential dwelling. - (a) means a building or part of a building used, or currently designed for use, only as a single dwelling; and - (b) includes a residential dwelling that comprises— (i) a lot included in a community titles scheme; or (ii) a lot under the Building Units and Group Titles Act 1980 ; or (iii) a leasehold building units lot under the South Bank Corporation Act 1989 , section 97B ; and - (i) a lot included in a community titles scheme; or - (ii) a lot under the Building Units and Group Titles Act 1980 ; or - (iii) a leasehold building units lot under the South Bank Corporation Act 1989 , section 97B ; and - (c) does not include a building or part of a building used, or currently designed for use, as temporary accommodation. - (i) a lot included in a community titles scheme; or - (ii) a lot under the Building Units and Group Titles Act 1980 ; or - (iii) a leasehold building units lot under the South Bank Corporation Act 1989 , section 97B ; and