sec.79Effect of inoperative computers in office of the land registry on day of settlement

### sec.79 Effect of inoperative computers in office of the land registry on day of settlement This section applies if— parties enter into a contract for the sale of land; and the contract provides that time is of the essence; and the buyer, without default on the buyer’s part, can not, on the day of settlement of the contract, verify the seller’s title because computers in the office of the land registry being used to verify the seller’s title are inoperative. Time stops being of the essence of the contract. The seller is taken— not to have proved title to the land; and not to be in breach of the contract only because of the failure to prove title at that time. The seller or buyer may give a notice to the other party to the contract to complete the contract. The notice must state— that the computers are again fully operational; and the day, at least 3 business days but not more than 7 business days after the day the notice is given, for settlement of the contract. The notice may not be given earlier than the day after the first continuous day of operation of the computers after the computers are again fully operational. From a party’s receipt of the notice, time is again of the essence of the contract. This section applies subject to the terms of the contract for the sale of the land. (sec.79-ssec.1) This section applies if— parties enter into a contract for the sale of land; and the contract provides that time is of the essence; and the buyer, without default on the buyer’s part, can not, on the day of settlement of the contract, verify the seller’s title because computers in the office of the land registry being used to verify the seller’s title are inoperative. (sec.79-ssec.2) Time stops being of the essence of the contract. (sec.79-ssec.3) The seller is taken— not to have proved title to the land; and not to be in breach of the contract only because of the failure to prove title at that time. (sec.79-ssec.4) The seller or buyer may give a notice to the other party to the contract to complete the contract. (sec.79-ssec.5) The notice must state— that the computers are again fully operational; and the day, at least 3 business days but not more than 7 business days after the day the notice is given, for settlement of the contract. (sec.79-ssec.6) The notice may not be given earlier than the day after the first continuous day of operation of the computers after the computers are again fully operational. (sec.79-ssec.7) From a party’s receipt of the notice, time is again of the essence of the contract. (sec.79-ssec.8) This section applies subject to the terms of the contract for the sale of the land. - (a) parties enter into a contract for the sale of land; and - (b) the contract provides that time is of the essence; and - (c) the buyer, without default on the buyer’s part, can not, on the day of settlement of the contract, verify the seller’s title because computers in the office of the land registry being used to verify the seller’s title are inoperative. - (a) not to have proved title to the land; and - (b) not to be in breach of the contract only because of the failure to prove title at that time. - (a) that the computers are again fully operational; and - (b) the day, at least 3 business days but not more than 7 business days after the day the notice is given, for settlement of the contract.