Victorian Current Acts

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 34

    (1)     A building owner may withdraw from a major domestic building contract at any time before the expiration of 5 clear business days after the building owner receives a copy of the signed contract.

    (2)     To do this, the building owner must within that time—

        (a)     give the builder; or

        (b)     leave at the address shown as the builder's address in the contract; or

        (c)     serve on the builder in accordance with any notice or service provision in the contract—

a written notice signed by the building owner that states that the building owner withdraws from the contract.

    (3)     If a building owner withdraws from a contract under this section—

        (a)     the builder may retain out of any money already paid to the builder $100 plus the cost of any other out-of-pocket expenses the builder incurred before the withdrawal with the approval of the building owner; and

        (b)     the builder must refund all other money paid to him, her or it under the contract by (or on behalf of) the building owner on or since the time the contract was made; and

        (c)     the building owner is not liable to the builder in any way for withdrawing from the contract.

    (4)     A building owner cannot withdraw from a contract under this section if—

        (a)     the building owner and the builder have previously entered into a major domestic building contract that is in substantially the same terms for the carrying out of work in relation to the same home or land; or

S. 34(4)(b) amended by Nos 35/1996 s. 453(Sch. 1 item 23.1),
102/1997
s. 49(Sch.
item 1), substituted by No. 18/2005 s. 18(Sch. 1 item 34), amended by No. 17/2014 s. 160(Sch.  2 item 33).

        (b)     the building owner received independent advice from an Australian legal practitioner concerning the contract before entering into the contract.