South Australian Current Acts South Australian Current Acts24—Rights in relation to contract etc
(1) An operator of a
retirement village must not, without the approval of the Minister—
(a) make
a representation to a prospective resident that is inconsistent with
information given to the prospective resident under this Division; or
(b) give
information to a prospective resident under this Division that is inconsistent
with a representation made by the operator to the prospective resident.
(2) For the purposes
of subsection (1), a representation made by an employee or agent of an
operator will be taken to be a representation of the operator unless the
operator proves that the person was not acting in the course of his or her
employment or agency.
(3) Subject to
subsection (4), a prospective resident is entitled to rescind the
residence
contract (to "cool-off") at any time within the period of 10
business days after the day on which the prospective resident signed the
contract.
(4) If the prospective
resident—
(a)
enters into occupation of the residence before the end of the period referred
to in subsection (3); and
(b)
signs a written waiver acknowledging that the operator has informed them of
the entitlement to cool-off and they have chosen to waive that entitlement,
the prospective resident will be taken to have waived the entitlement to
cool-off.
(5) A contract is
rescinded under this section by written notice to the operator.
(6) A
residence contract may be enforced against the operator for the time being of
the retirement village.