New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 54

54 Application of stated conditions to all sales

(1) A purchaser of any property shall not require the production or any abstract or copy of any deed, will, or other document dated or made before the time prescribed by law or stipulated for commencement of the title, even though the same creates a power subsequently exercised by an instrument abstracted in the abstract furnished to the purchaser; nor shall the purchaser require any information or make any requisition or inquiry with respect to any such deed, will, or document, or the title prior to that time, notwithstanding that any such deed, will, or other document or that prior title is recited covenanted to be produced or noticed; and the purchaser shall assume unless the contrary appears that the recitals contained in the abstracted instruments of any deed, will, or other document forming part of that prior title are correct, and give all the material contents of the deed, will, or other document so recited and that every document so recited was duly executed by all necessary parties and perfected if and as required by acknowledgment or otherwise.

(2) Where land sold is held by lease (not including under-lease) the purchaser shall assume unless the contrary appears that the lease was duly granted; and on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase the purchaser shall assume unless the contrary appears that all the covenants and provisions of the lease have been duly performed and observed up to the date of actual completion of the purchase.

(3) Where land sold is held by under-lease the purchaser shall assume unless the contrary appears that the under-lease and every superior lease were duly granted; and on production of the receipt for the last payment due for rent under the under-lease before the date of actual completion of the purchase the purchaser shall assume unless the contrary appears that all the covenants and provisions of the under-lease have been duly performed and observed up to the date of actual completion of the purchase, and further, that all rent due under every superior lease and all the covenants and provisions of every superior lease have been paid and duly performed and observed up to that date.

(4) On a sale of any property the expenses of the production and inspection of all records, proceedings of courts, deeds, wills, probates, letters of administration, and other documents not in the vendor's possession, and the expenses of all journeys incidental to such production or inspection, and the expenses of searching for, procuring, making, verifying, and producing all certificates, declarations, evidences, and information not in the vendor's possession, and all attested stamped office or other copies or abstracts of or extracts from any documents aforesaid not in the vendor's possession, if any such production, inspection, journey, search, procuring, making, or verifying is required by a purchaser either for verification of the abstract or for any other purpose shall be borne by the purchaser who requires the same; and where the vendor retains possession of any document the expenses of making any copy thereof attested or unattested which a purchaser requires to be delivered to him or her shall be borne by that purchaser.

(5) On a sale of any property in lots a purchaser of two or more lots held wholly or partly under the same title shall not have a right to more than one abstract of the common title except at the purchaser's own expense.

(6) This section applies only to titles and purchasers on sales properly so called notwithstanding any interpretation in this Act.

(7) This section applies only if and as far as a contrary intention is not expressed in the contract of sale, and shall have effect subject to the terms of the contract, and to the provisions therein contained.

(8) This section applies only to sales made after the commencement of this Act.

(9) Nothing in this section shall be construed as binding a purchaser to complete his or her purchase in any case where on a contract made independently of this section and containing stipulations similar to the provisions of this section, or any of them, specific performance of the contract would not be enforced against the purchaser by the Court.

(10) Nothing in this or the last preceding section shall preclude a purchaser from raising any objection to the vendor's title before the time prescribed by law or stipulated for commencement of the title.