New South Wales Consolidated Acts
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HOME BUILDING ACT 1989 - SECT 96B
Obligations of sellers of excluded dwellings (houses and units used for commercial purposes)
96B Obligations of sellers of excluded dwellings (houses and units used for
(1) A contract for the sale of land comprising a house or unit that is
excluded from the definition of
"dwelling" in this Act because it was designed, constructed or adapted for
commercial use as tourist, holiday or overnight accommodation must contain the
warning required by this section if work has been done on the land in the
previous 6 years that would have been residential building work had the house
or unit not been excluded from the definition of
(2) The warning required by this section is a prominent
statement to the effect that the property does not have the protection of the
Home Building Act 1989 .
(3) A person must not as vendor enter into a
contract for the sale of land that is required to contain a warning under this
section unless the contract contains the required warning.
penalty--1,000 penalty units in the case of a corporation and 200 penalty
units in any other case.
(4) If a person contravenes this section in respect
of a contract, the contract is voidable at the option of the purchaser before
the completion of the contract.
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