Queensland Consolidated Acts

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LAND SALES ACT 1984 - SECT 10A

10A Purchaser must be given registrable instrument of transfer and other documents

(1) The vendor of a proposed allotment must give the purchaser the registrable instrument of transfer for the allotment not later than 18 months after the purchaser enters upon the purchase of the allotment.

(2) Subsection (3) applies if the vendor of a proposed allotment does not give the purchaser a copy of the plan of survey for the proposed allotment approved by the local government under the Planning Act or by the authority under the ULDA Act before the purchaser enters upon the purchase of the proposed allotment.

(3) The vendor must give the purchaser the following documents relating to the allotment not later than 18 months after the purchaser enters upon the purchase of the allotment—

(a) a copy of the plan of survey registered under the Land Act 1994 or Land Title Act 1994 (registered survey plan);
(b) for operational work mentioned in section 8(1)(b)—a copy of a plan showing the constructed works (the as constructed plan);
(c) a statement certified by a cadastral surveyor—
(i) that there are no variations between the details of the area or linear dimensions contained in the disclosure plan given to the purchaser under section 9(1) and the registered survey plan for the proposed allotment; or
(ii) if there are variations, other than variations of which notice is required to be given under section 10—detailing the nature and extent of the variations.

(4) If the vendor contravenes this section, the purchaser may avoid the instrument relating to the sale by written notice given to the vendor before the vendor gives the purchaser the registrable instrument of transfer for the allotment.

(5) If the vendor contravenes subsection (1) or (3)(c), the vendor commits an offence.

Maximum penalty—20 penalty units.



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