Strata Titles Act 1998
62Implied term in contract for sale of lot or proposed lot in community development scheme
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62 Implied term in contract for sale of lot or proposed lot in community development scheme
(1) The developer under a community development scheme warrants to any person who purchases 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) –
(a) is enforceable in the same way as a contractual warranty; and
(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 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.