13Burden of proof as to knowledge of falsity of representation

13 Burden of proof as to knowledge of falsity of representation

(1) In any action commenced in respect of the sale of any land if it is proved that any representation made on such sale was false and that any party to such action was induced by such representation to enter into a contract to purchase such land the person making such representation shall be deemed to have made the same with knowledge of its falsity unless he proves—

(a) that he had reasonable ground to believe and did believe that the representation was true or that he had no reason to suspect that the representation was false; and

(b) that otherwise he had acted innocently.

No. 3933 s. 45.

(2) No term or provision of any agreement (whether entered into before or after the commencement of this Act) for the sale and purchase of any land therein shall be so construed as in any way to prevent the purchaser from claiming or being awarded damages or any other relief in respect of any fraudulent misrepresentation in connexion with the purchase of such land.

S. 14 amended by No. 7052 s. 2(h), substituted by No. 6/2008 s. 31.