Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 61

61 Conditions of sale of land

(1) Under a contract for the sale of registered land the purchaser shall be entitled at the cost of the vendor—

(a) to receive from the vendor sufficient particulars of title to enable the purchaser to prepare the appropriate instrument to give effect to the contract; and

(b) to receive from the vendor an abstract of any instrument, forming part of the vendor’s title, in respect of which a caveat is entered upon the register; and

(c) to have the relevant certificate of title or other document of title lodged by the vendor in the land registry to enable the instrument to be registered; and

(d) to have any objection to the registration of the instrument removed by the vendor.

(1A) However, as to any such objection which the purchaser ought to have raised on the particulars or abstract, or upon the investigation of the title, or which arises from the purchaser’s own act, default, or omission, the purchaser shall not be entitled to have the same removed except at the purchaser’s own cost.

(2) Under any contract for the sale of any land there shall be implied a term that—

(a) payment or tender of any money payable under the contract may be made by a financial institution cheque drawn on itself or a bank; and

(b) an obligation on the part of the vendor to execute and deliver a conveyance of the subject land, or instruments of title to the land, free of encumbrances shall be satisfied if the vendor will, upon completion of the contract, be able to and does in fact discharge any existing encumbrance out of the purchase money payable under the contract by the purchaser; and

(c) unless otherwise agreed by the parties, their solicitors or conveyancers, settlement of the contract must take place at the office of the land registry under the Land Title Act 1994 at which the document relating to the conveyance may be lodged or, if there are 2 or more such offices, the office that is nearest to the land.

(3) Where in any contract for the sale of any land the date for payment of the purchase money or any part of the purchase moneys is to be ascertained by reference to a period of time expiring on a day which is a Saturday, a Sunday, or a public holiday, then, unless the contract designates such day as a Saturday, a Sunday, or by the name of the public holiday, completion shall take place—

(a) on such other day as may be agreed by the parties, their solicitors or conveyancers; or

in default of such agreement—

(b) on the day, other than a Saturday, Sunday, or public holiday, next following the day on which the period of time so expired.

(3A) However, if under subsection (2) (c) settlement of the contract must take place at an office of the land registry under the Land Title Act 1994 , but the office is not open for business on the day (the
"relevant day" ) provided for completion under subsection (3) , the completion must take place—

(a) on a day, on which the office is open for business, agreed by the parties, their solicitors or conveyancers; or

(b) if there is no agreement under paragraph (a) —on the next day the office is open for business after the relevant day.

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