New South Wales Consolidated Acts

HOME BUILDING ACT 1989 - SECT 96B

96B Obligations of sellers of excluded dwellings (houses and units used for commercial purposes)

(1) A contract for the sale of land comprising a house or unit that is excluded from the definition of
"dwelling" in this Act because it was designed, constructed or adapted for commercial use as tourist, holiday or overnight accommodation must contain the warning required by this section if work has been done on the land in the previous 6 years that would have been residential building work had the house or unit not been excluded from the definition of
"dwelling" .

(2) The warning required by this section is a prominent statement to the effect that the property does not have the protection of the Home Building Act 1989 .

(3) A person must not as vendor enter into a contract for the sale of land that is required to contain a warning under this section unless the contract contains the required warning.

: Maximum penalty--1,000 penalty units in the case of a corporation and 200 penalty units in any other case.

(4) If a person contravenes this section in respect of a contract, the contract is voidable at the option of the purchaser before the completion of the contract.