Queensland Numbered Acts

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11 Notifying prospective buyers

(1) This section applies if--

(a) a relevant development application is made or has been made before the commencement of this section; and
(b) the application is a current application; and
(c) anyone (the seller) offers the premises or lot the subject of the application, or part of the premises, (the property) for sale to someone else (a prospective buyer).

(2) Before the prospective buyer enters into a contract to buy the property, the seller must give the prospective buyer a notice (an affected area notice) of--

(a) the restrictions under section 8 that may apply to the prospective buyer if the prospective buyer buys the property; and
(b) the keeping, under section 9(2), of a record of the affected area notation for the property in the appropriate register.

(3) If--

(a) the seller fails to give the prospective buyer an affected area notice for the property; and
(b) the prospective buyer enters into a contract with the seller to buy the property;

the failure to notify gives the prospective buyer the right to end the contract.

(4) The prospective buyer may end the contract at any time before the contract is completed by giving the seller or the seller's agent a signed, dated notice of ending of the contract.

(5) The notice must state that the contract is ended under this section.

(6) If the prospective buyer ends the contract, the seller must, within 14 days, refund to the prospective buyer any deposit paid to the seller under the contract.

Maximum penalty--200 penalty units.

(7) This section applies despite anything to the contrary in the contract.

(8) To remove any doubt, it is declared that this section applies--

(a) even if the offer for sale is made by someone other than the applicant for the relevant development application; and
(b) if the seller is not the applicant--whether or not the seller received an affected area notice for the property; and
(c) regardless of the number of times the property has been sold since the making of the development application.

(9) In this section--

current application means a relevant development application that has not been refused, or has not lapsed or been withdrawn before the application is decided.

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