32JInformation required for a section 32 statement contained in a certificate, notice, policy of insurance or other document

32J Information required for a section 32 statement contained in a certificate, notice, policy of insurance or other document

(1) If any information required to be contained in a section 32 statement is specified in a certificate, notice or other document issued by a relevant authority, the vendor may attach that certificate, notice or other document (or a copy of that certificate, notice or other document) to the section 32 statement for the purpose of complying with the relevant provision of this Division requiring the information.

(2) If the information required under section 32B is contained in a policy of insurance, the vendor may attach a copy of the policy or an extract of the policy to the statement for the purpose of complying with that section.

S. 32K inserted by No. 33/2014 s. 4.

32K Supply of false information or failure to supply information in section 32 statement or failure to supply section 32 statement may result in rescission

(1) This section applies if a vendor—

(a) supplies false information to a purchaser in a section 32 statement or in any certificates, notices, policies or other documents attached to a section 32 statement for the purposes of complying with the requirements of this Division; or

(b) fails to supply all the information required to be supplied to a purchaser, either in a section 32 statement or attached to the section 32 statement, as required by this Division; or

(c) fails to give a purchaser a section 32 statement signed by the vendor before the purchaser signs the contract for the sale of land.

(2) The purchaser may rescind any contract for the sale of land which has been entered into on the basis of information contained in the section 32 statement or attached to the section 32 statement at any time before the purchaser accepts title and becomes entitled to possession or to the receipt of rents and profits.

(3) The purchaser may rescind any contract for the sale of land where the vendor fails to give the purchaser a section 32 statement before the purchaser signs the contract at any time before the purchaser accepts title and becomes entitled to possession or to the receipt of rents and profits.

(4) Despite subsection (2) and (3), the purchaser may not rescind a contract for the sale of land if the court is satisfied that—

(a) the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention; and

(b) the purchaser is substantially in as good a position as if all the relevant provisions of this Division had been complied with.

S. 32L inserted by No. 33/2014 s. 4.