QLDIn ForceAct
Property Occupations Act 2014
sec.160Contracts this part applies to
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### sec.160 Contracts this part applies to
This part applies to a contract, including a contract granting an option to purchase (a relevant contract )—
for the sale of residential property; but
does not include—
a contract formed on a sale by auction; or
a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or
a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or
a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or
a contract if the buyer is the State or a statutory body; or
a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.
This part also applies to any other contract prescribed under a regulation (also a relevant contract ).
In this section—
formed on a sale by auction means formed on sale by auction—
directly on the fall of the hammer, by outcry; or
directly at the end of another similar type of competition for purchase.
A contract for the sale of property is formed on a sale by auction when the auctioneer declares the property sold on the fall of the hammer.
A contract for the sale of property is not formed on a sale by auction when the property is passed in at auction and a bidder subsequently negotiates and purchases the property.
A contract for the sale of property is not formed on a sale by auction when the contract arises directly out of a sale by tender process.
(sec.160-ssec.1) This part applies to a contract, including a contract granting an option to purchase (a relevant contract )— for the sale of residential property; but does not include— a contract formed on a sale by auction; or a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or a contract if the buyer is the State or a statutory body; or a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.
(sec.160-ssec.2) This part also applies to any other contract prescribed under a regulation (also a relevant contract ).
(sec.160-ssec.3) In this section— formed on a sale by auction means formed on sale by auction— directly on the fall of the hammer, by outcry; or directly at the end of another similar type of competition for purchase. A contract for the sale of property is formed on a sale by auction when the auctioneer declares the property sold on the fall of the hammer. A contract for the sale of property is not formed on a sale by auction when the property is passed in at auction and a bidder subsequently negotiates and purchases the property. A contract for the sale of property is not formed on a sale by auction when the contract arises directly out of a sale by tender process.
- (a) for the sale of residential property; but
- (b) does not include— (i) a contract formed on a sale by auction; or (ii) a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or (iii) a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or (iv) a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or (v) a contract if the buyer is the State or a statutory body; or (vi) a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.
- (i) a contract formed on a sale by auction; or
- (ii) a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or
- (iii) a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or
- (iv) a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or
- (v) a contract if the buyer is the State or a statutory body; or
- (vi) a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.
- (i) a contract formed on a sale by auction; or
- (ii) a contract entered into, by no later than 5p.m. on the second clear business day after the property was passed in at auction, with a registered bidder for the auction; or
- (iii) a contract (a later contract ) formed because of the exercise of an option granted under an earlier contract, if the parties to the later contract are the same as the parties to the earlier contract; or
- (iv) a contract if the buyer is a publicly listed corporation or a subsidiary of a publicly listed corporation; or
- (v) a contract if the buyer is the State or a statutory body; or
- (vi) a contract if the buyer is purchasing at least 3 lots at the same time, whether or not in the 1 contract.
- (a) directly on the fall of the hammer, by outcry; or
- (b) directly at the end of another similar type of competition for purchase.
- 1 A contract for the sale of property is formed on a sale by auction when the auctioneer declares the property sold on the fall of the hammer.
- 2 A contract for the sale of property is not formed on a sale by auction when the property is passed in at auction and a bidder subsequently negotiates and purchases the property.
- 3 A contract for the sale of property is not formed on a sale by auction when the contract arises directly out of a sale by tender process.