46Implied term in contract for sale of lot or proposed lot in staged development scheme

### 46 Implied term in contract for sale of lot or proposed lot in staged development scheme > > (1)  The developer under a staged development scheme warrants to any person who enters into a contract to purchase a lot or a proposed lot in the scheme that the development will be carried out in accordance with the scheme. > > > (2)  A warranty under [subsection (1)](#GS46@Gs1@EN)  – > > > > > > (a) is enforceable in the same way as a contractual warranty; but > > > > > > > (b) cannot be limited or excluded by contract. > > > (3)  Without limiting the damages that may be recovered for breach of the statutory warranty, the owner of a lot may recover damages for the deferment or loss of a reasonably expected capital appreciation of the lot that would have resulted from completion of the development in accordance with the terms of the scheme.