sec.83Buyer may recover damages if defective title

### sec.83 Buyer may recover damages if defective title The rule of law known as the rule in Bain v Fothergill is abolished in relation to a contract for the sale or other disposition of land. The court may award damages for loss of bargain against a seller who can not perform a contract for the sale or other disposition of land because of a defect in the seller’s title. This section does not affect a right, power or remedy available to a buyer under a contract for the sale or other disposition of land in relation to a defect in the seller’s title, or a failure of the seller to perform the contract, that is available under a law other than this section. This section applies despite any agreement to the contrary. (sec.83-ssec.1) The rule of law known as the rule in Bain v Fothergill is abolished in relation to a contract for the sale or other disposition of land. (sec.83-ssec.2) The court may award damages for loss of bargain against a seller who can not perform a contract for the sale or other disposition of land because of a defect in the seller’s title. (sec.83-ssec.3) This section does not affect a right, power or remedy available to a buyer under a contract for the sale or other disposition of land in relation to a defect in the seller’s title, or a failure of the seller to perform the contract, that is available under a law other than this section. (sec.83-ssec.4) This section applies despite any agreement to the contrary.