sec.84Buyer may recover deposit and instalments if defective title but no rescission

### sec.84 Buyer may recover deposit and instalments if defective title but no rescission This section applies if a seller is not entitled to specific performance of a contract for the sale of land against a buyer because of a defect in the seller’s title but the defect does not entitle the buyer to rescind the contract. The buyer may recover the buyer’s deposit and any instalments under the contract and is relieved from all liability under the contract, unless the contract discloses the defect and contains a term precluding the buyer from objecting to the defect. If the defect was known, or should reasonably have been known, to the seller at the date of the contract the buyer may also recover the buyer’s expenses of investigating the title. Also, without being limited by subsection (1) , in any proceeding in which the court refuses to order specific performance of a contract, or in which the buyer seeks return of the deposit or any instalments under a contract, the court may order the repayment of the deposit and any instalments. This section applies despite any agreement to the contrary. (sec.84-ssec.1) This section applies if a seller is not entitled to specific performance of a contract for the sale of land against a buyer because of a defect in the seller’s title but the defect does not entitle the buyer to rescind the contract. (sec.84-ssec.2) The buyer may recover the buyer’s deposit and any instalments under the contract and is relieved from all liability under the contract, unless the contract discloses the defect and contains a term precluding the buyer from objecting to the defect. (sec.84-ssec.3) If the defect was known, or should reasonably have been known, to the seller at the date of the contract the buyer may also recover the buyer’s expenses of investigating the title. (sec.84-ssec.4) Also, without being limited by subsection (1) , in any proceeding in which the court refuses to order specific performance of a contract, or in which the buyer seeks return of the deposit or any instalments under a contract, the court may order the repayment of the deposit and any instalments. (sec.84-ssec.5) This section applies despite any agreement to the contrary.