Western Australian Consolidated Acts

SALE OF LAND ACT 1970 - SECT 19D

19D .         Rescission

                Where a contract for the sale of an undivided share in land is made but prior to the making of the contract an offer or invitation relating to the land was made in contravention of section 19B the purchaser under the contract — 

            (a)         by notice in writing served on the vendor under the contract within 3 years after the making of the contract, may rescind the contract; and

            (b)         thereupon, may recover in a court of competent jurisdiction all moneys paid under the contract,

                unless the vendor shows to the satisfaction of the court that — 

            (c)         the offer or invitation did not contribute to the making of the contract; or

            (d)         the defence referred to in section 19B(5) would be available to him in any proceedings under that section concerning the offer or invitation.

        [Section 19D inserted by No. 70 of 1974 s. 7.]