28Powers of purchaser where contract in contravention of this Division

28 Powers of purchaser where contract in contravention of this Division

(1) Where any contract for the sale of land contains provisions in contravention of this Division—

(a) those provisions shall be void and of no effect; and

(b) the contract shall be voidable by the purchaser at any time before completion and any person who has paid money under the contract shall be entitled to recover it.

(2) Notwithstanding paragraph (b) of subsection (1) the contract shall not be voidable by the purchaser if the Court is satisfied that the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention and that the purchaser is substantially in as good a position as if all the relevant provisions of this Division had been complied with.

New s. 29 inserted by No. 9471 s. 8, substituted by No. 6/2008 s. 32.