Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 69

69 Rights of purchaser where vendor’s title defective

(1) Where specific performance of a contract would not be enforced against the purchaser by the court because of a defect in or doubt as to the vendor’s title, but such defect or doubt does not entitle the purchaser to rescind the contract, the purchaser shall nevertheless be entitled to recover the purchaser’s deposit and any instalments under the contract and to be relieved from all liability under the contract, unless the contract discloses such defect or doubt and contains a stipulation precluding the purchaser from objecting to the defect or doubt.

(2) If the defect or doubt not disclosed by the contract 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 the purchaser’s expenses of investigating the title.

(3) This section applies—

(a) to a contract for the sale or exchange of land or any interest in land made after the commencement of this Act; and

(b) despite any provision to the contrary contained in the contract.