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Property Law Act 2023
sec.87Definitions for division
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### sec.87 Definitions for division
In this division—
buyer , in relation to an instalment contract, includes a person deriving an interest under the contract from the original buyer.
contract , for the sale of land, includes—
an agreement for the sale of land; and
an option to purchase land.
deposit , in relation to a contract for the sale of land, means a sum of not more than the prescribed percentage of the purchase price of the land that is payable by the buyer in 1 or more amounts, and refundable to the buyer if the seller breaches the contract or does not fulfil a contingent condition of the contract.
instalment , in relation to a contract for the sale of land, does not include—
an option fee relating to the land; or
an amount paid by the buyer, after the contract was entered into and before settlement of the contract, in relation to any of the following—
maintenance of the land;
rent and outgoings relating to the land;
rates and taxes relating to the land;
interest on any part of the purchase price under the contract for the land;
an extension of time to complete the contract.
instalment contract see section 89 .
option fee , relating to land, means an amount paid for the grant or exercise of an option to purchase the land.
prescribed percentage , of the purchase price of land, means—
if the land is a proposed lot—20%; or
otherwise—10%.
seller , in relation to an instalment contract, includes a person to whom the rights of the seller under the contract have been assigned with the consent under section 92 of the buyer.
- (a) an agreement for the sale of land; and
- (b) an option to purchase land.
- (a) an option fee relating to the land; or
- (b) an amount paid by the buyer, after the contract was entered into and before settlement of the contract, in relation to any of the following— (i) maintenance of the land; (ii) rent and outgoings relating to the land; (iii) rates and taxes relating to the land; (iv) interest on any part of the purchase price under the contract for the land; (v) an extension of time to complete the contract.
- (i) maintenance of the land;
- (ii) rent and outgoings relating to the land;
- (iii) rates and taxes relating to the land;
- (iv) interest on any part of the purchase price under the contract for the land;
- (v) an extension of time to complete the contract.
- (i) maintenance of the land;
- (ii) rent and outgoings relating to the land;
- (iii) rates and taxes relating to the land;
- (iv) interest on any part of the purchase price under the contract for the land;
- (v) an extension of time to complete the contract.
- (a) if the land is a proposed lot—20%; or
- (b) otherwise—10%.