QLDIn ForceAct
South Bank Corporation Act 1989
sec.97EApplication of div 2 if option granted for proposed lot
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### sec.97E Application of div 2 if option granted for proposed lot
Section 97F , as modified by this section, applies if a person grants an option (the option ) to another person—
to purchase a proposed lot; or
to sell a proposed lot.
For subsection (1) —
section 97F (1) requires the giving of the disclosure statement in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and
any right of termination under section 97F relating to the disclosure statement applies in relation to—
the option; and
a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.
If the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 97F (1) does not require the giving of a disclosure statement in relation to the contract for the sale.
If the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 97F before entering into the contract for the sale.
In this section—
buyer means the person who is granted an option to purchase, or who grants an option to sell, the proposed lot.
seller means the person who grants an option to purchase, or who is granted an option to sell, the proposed lot.
s 97E ins 2014 No. 46 s 69
(sec.97E-ssec.1) Section 97F , as modified by this section, applies if a person grants an option (the option ) to another person— to purchase a proposed lot; or to sell a proposed lot.
(sec.97E-ssec.2) For subsection (1) — section 97F (1) requires the giving of the disclosure statement in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and any right of termination under section 97F relating to the disclosure statement applies in relation to— the option; and a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.
(sec.97E-ssec.3) If the seller and buyer enter into a contract for the sale to the buyer of the proposed lot arising from the option, section 97F (1) does not require the giving of a disclosure statement in relation to the contract for the sale.
(sec.97E-ssec.4) If the buyer is not a party to the contract for the sale of the proposed lot arising from the option, the seller must comply with section 97F before entering into the contract for the sale.
(sec.97E-ssec.5) In this section— buyer means the person who is granted an option to purchase, or who grants an option to sell, the proposed lot. seller means the person who grants an option to purchase, or who is granted an option to sell, the proposed lot.
- (a) to purchase a proposed lot; or
- (b) to sell a proposed lot.
- (a) section 97F (1) requires the giving of the disclosure statement in relation to the option as if a reference to a contract for the sale of a proposed lot being entered into were a reference to an option to purchase or sell the proposed lot being granted; and
- (b) any right of termination under section 97F relating to the disclosure statement applies in relation to— (i) the option; and (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.
- (i) the option; and
- (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.
- (i) the option; and
- (ii) a contract entered into by the seller and buyer for the sale to the buyer of the proposed lot arising from the option.