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BODY CORPORATE AND COMMUNITY MANAGEMENT ACT 1997 - SECT 217A
Terminating contract if lot entitlements inconsistent with deciding principle
217A Terminating contract if lot entitlements inconsistent with deciding
principle
(1) This section applies if— (a) the seller is intended to be the
original owner for the scheme when it is established; and
(b) the buyer
reasonably believes either— (i) the proposed contribution schedule lot
entitlements for the lots proposed to be included in the scheme are
inconsistent with the contribution schedule principle on which they are
proposed to be decided; or
(ii) the proposed interest schedule lot
entitlements for the lots proposed to be included in the scheme are
inconsistent with the market value principle; and
(c) the buyer reasonably
believes the buyer would be materially prejudiced if compelled to complete the
contract.
(2) Subject to subsection (3) , the buyer may terminate the
contract at any time before it settles by giving signed, dated notice of
termination to the seller.
(3) The termination must happen not later than 30
days, or a longer period agreed between the buyer and seller, after the
buyer’s copy of the contract is received by the buyer or a person acting for
the buyer.
(4) The notice of termination must state that the contract is
terminated under this section.
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