QLDIn ForceAct
Property Law Act 2023
sec.92Seller can not sell or mortgage land
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### sec.92 Seller can not sell or mortgage land
The seller under an instalment contract must not without the consent of the buyer sell or mortgage the land the subject of the contract.
The buyer may give consent under subsection (1) only by giving the seller a notice stating that—
the buyer has received a notice from the seller stating the terms of the sale or mortgage; and
the buyer consents to the sale or mortgage on the stated terms.
If land is sold or mortgaged in contravention of subsection (1) , the instalment contract is voidable by the buyer before settlement of the contract.
If the buyer elects to render the instalment contract void under subsection (3) , the buyer may recover as a debt a deposit or instalment paid to the seller under the contract.
This section does not limit or otherwise affect—
a right or remedy of the buyer under a law other than this section; or
a right of another person who buys from the seller in good faith, for value and without notice of the instalment contract.
In this section—
consent , to a sale or mortgage, means consent to the stated terms of the sale or mortgage.
(sec.92-ssec.1) The seller under an instalment contract must not without the consent of the buyer sell or mortgage the land the subject of the contract.
(sec.92-ssec.2) The buyer may give consent under subsection (1) only by giving the seller a notice stating that— the buyer has received a notice from the seller stating the terms of the sale or mortgage; and the buyer consents to the sale or mortgage on the stated terms.
(sec.92-ssec.3) If land is sold or mortgaged in contravention of subsection (1) , the instalment contract is voidable by the buyer before settlement of the contract.
(sec.92-ssec.4) If the buyer elects to render the instalment contract void under subsection (3) , the buyer may recover as a debt a deposit or instalment paid to the seller under the contract.
(sec.92-ssec.5) This section does not limit or otherwise affect— a right or remedy of the buyer under a law other than this section; or a right of another person who buys from the seller in good faith, for value and without notice of the instalment contract.
(sec.92-ssec.6) In this section— consent , to a sale or mortgage, means consent to the stated terms of the sale or mortgage.
- (a) the buyer has received a notice from the seller stating the terms of the sale or mortgage; and
- (b) the buyer consents to the sale or mortgage on the stated terms.
- (a) a right or remedy of the buyer under a law other than this section; or
- (b) a right of another person who buys from the seller in good faith, for value and without notice of the instalment contract.