QLDIn ForceAct
Property Law Act 2023
sec.91Restriction on seller’s right to termination if buyer defaults on payment of instalment
Start here
Get a plain-English read of sec.91
Turn the raw legal text into a practical explanation grounded in Property Law Act 2023.
### sec.91 Restriction on seller’s right to termination if buyer defaults on payment of instalment
The seller under an instalment contract may not terminate the contract because of default by the buyer in payment of an instalment of the purchase price of the land, or in payment of any other sum of money, other than a deposit, until 30 days after the seller gives the buyer a notice in the approved form about the default.
If a buyer receives a notice under subsection (1) about a default by the buyer in payment of an instalment or sum of money mentioned in subsection (1) , the buyer may, within 30 days after the seller gives the notice to the buyer, pay the outstanding instalment or sum to the seller.
If a buyer pays the outstanding instalment or sum to the seller under subsection (2) , any right or power of the seller to terminate the contract because of the default ends and the buyer is taken not to be in default under the instalment contract.
(sec.91-ssec.1) The seller under an instalment contract may not terminate the contract because of default by the buyer in payment of an instalment of the purchase price of the land, or in payment of any other sum of money, other than a deposit, until 30 days after the seller gives the buyer a notice in the approved form about the default.
(sec.91-ssec.2) If a buyer receives a notice under subsection (1) about a default by the buyer in payment of an instalment or sum of money mentioned in subsection (1) , the buyer may, within 30 days after the seller gives the notice to the buyer, pay the outstanding instalment or sum to the seller.
(sec.91-ssec.3) If a buyer pays the outstanding instalment or sum to the seller under subsection (2) , any right or power of the seller to terminate the contract because of the default ends and the buyer is taken not to be in default under the instalment contract.