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CONVEYANCING ACT 1919 - SECT 55
Right of purchaser to recover deposit etc
55 Right of purchaser to recover deposit etc
(1) In every case where specific performance of a contract would not be
enforced against the purchaser by the Court by reason of a defect in the
vendor's title, but the purchaser is not entitled to rescind the contract, the
purchaser shall nevertheless be entitled to recover his or her deposit and any
instalments of purchase money he or she has paid, and to be relieved from all
liability under the contract whether at law or in equity, unless the contract
discloses such defect and contains a stipulation precluding the purchaser from
objecting thereto.
(2) If such undisclosed defect is one which is known or
ought to have been known to the vendor at the date of the contract the
purchaser shall in addition be entitled to recover his or her expenses of
investigating the title.
(2A) In every case where the court refuses to grant
specific performance of a contract, or in any proceeding for the return of a
deposit, the court may, if it thinks fit, order the repayment of any deposit
with or without interest thereon.
(3) On the application of the purchaser the
Court may order payment under this section and declare and enforce a lien in
respect thereof on the property the subject of the contract.
(4) This section
applies only to contracts made after the commencement of this Act and shall
have effect notwithstanding any stipulation to the contrary.
(5) This section
applies to land under the provisions of the Real Property Act 1900 .
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