Queensland Consolidated Acts Queensland Consolidated Acts(1) Subsections (2) and (3) apply if—
(a) the vendor of a proposed allotment has not given the purchaser of the proposed allotment a registrable instrument of transfer for the allotment; and
(b) there is a significant variation, not attributable to the purchaser, between the details contained in—
(i) the disclosure plan given to the purchaser under section 9(1) and a plan of survey for the proposed allotment approved by the local government under the Planning Act or by the authority under the ULDA Act that the vendor proposes to register under the Land Act 1994 or Land Title Act 1994; or
(ii) the disclosure plan given to the purchaser under section 9(1) and a plan mentioned in section 10A(3)(b) (as constructed plan) for the proposed allotment.
(2) As soon as practicable, but not later than 14 days, after the vendor is given the plan of survey the vendor proposes to register, the vendor must give the purchaser written notice (significant variation notice)—
(a) detailing the nature and extent of the significant variation; and
(b) advising the purchaser that the purchaser may avoid the instrument relating to the sale by written notice given to the vendor within the prescribed period.
Maximum penalty—100 penalty units or 6 months imprisonment.
(3) If the vendor gives the purchaser a significant variation notice—
(a) the purchaser may avoid the instrument relating to the sale by written notice given to the vendor within the prescribed period; and
(b) the vendor must not, until the end of the prescribed period—
(i) ask the purchaser to pay the balance of the purchase price; or
(ii) give the purchaser a registrable instrument of transfer for the allotment.
Maximum penalty for paragraph (b)—100 penalty units or 6 months imprisonment.
(4) If the vendor contravenes this section, the purchaser may avoid the instrument relating to the sale by written notice given to the vendor—
(a) for a contravention of subsection (2)—before the vendor gives the purchaser the registrable instrument of transfer for the allotment; or
(b) for a contravention of subsection (3)(b)—within 14 days after the end of the prescribed period.
(5) In this section—
prescribed period means—
(a) 30 days after the vendor gives the purchaser a significant variation notice; or
(b) the period agreed, in writing, by the vendor and purchaser after the vendor gives the purchaser the significant variation notice.
significant variation means—
(a) in the details between a disclosure plan and a survey plan—
(i) a variation of more than 2% in details of area; or
(ii) a variation of more than 1% in details of linear dimensions; or
(b) in the details between a disclosure plan and an as constructed plan—a variation of more than 500mm in height in details of surface contours or fill levels.