New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 54B

54B Damages: defective title

(1) The rule of law known as the rule in Bain v Fothergill is abolished in relation to contracts for the sale or other disposal of land or any interest in land made after the commencement of this section.

(2) The Court may award damages for loss of bargain against a vendor who cannot perform such a contract because of a defect in the vendor's title.

(3) This section has effect notwithstanding any stipulation to the contrary.

(4) This section applies to land under the provisions of the Real Property Act 1900 .