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RESIDENTIAL TENANCIES ACT 1997 - SECT 206JA

Cooling off period—Part 4A dwelling purchase agreement

    (1)     This section applies if—

        (a)     a site tenant or his or her agent enters into a Part 4A dwelling purchase agreement with—

              (i)     a site owner, whether acting as site owner or as agent of another person; or

              (ii)     an agent of a site owner referred to in subparagraph (i); and

        (b)     the Part 4A dwelling that is the subject of the Part 4A dwelling purchase agreement is located or intended to be located on a Part 4A site that is let or intended to be let by the site owner to the site tenant under a site agreement.

    (2)     The site tenant may rescind the Part 4A dwelling purchase agreement—

        (a)     if the site tenant has been given a proposed site agreement by the site owner or the site owner's agent—within 20 days from the date that the site agreement was given to the site tenant; or

        (b)     if the site tenant has entered into a site agreement with the site owner and the site tenant rescinds the site agreement in accordance with section 206J —at the time that the site tenant rescinds the site agreement.

    (3)     The site tenant may rescind the Part 4A dwelling purchase agreement under subsection (2) by providing written notice to the site owner or the site owner's agent that the Part 4A dwelling purchase agreement is rescinded.

    (4)     A notice under subsection (3) must be—

        (a)     given to the site owner or the site owner's agent; or

        (b)     left at the address for service of the site owner specified in the Part 4A dwelling purchase agreement.

    (5)     If a site tenant rescinds a Part 4A dwelling purchase agreement in accordance with this section, the site tenant is entitled to a refund of all money paid by the site tenant under the Part 4A dwelling purchase agreement.

    (6)     A term in a Part 4A dwelling purchase agreement is void to the extent it purports to exclude, restrict or modify the application of, or the exercise of a right conferred by, this section.

    (7)     In this section—

"agent "includes employee, contractor and subcontractor;

"proposed site agreement" includes—

        (a)     a copy of that agreement;

        (b)     any other document which contains terms that are proposed to form part of the site agreement or a copy of that document;

"related party", in relation to a site owner, means—

        (a)     the partner, child, parent or sibling of the site owner; or

        (b)     the partner of the child, parent or sibling of the site owner; or

        (c)     a business partner of the site owner; or

        (d)     a corporation owned, managed or effectively controlled by the site owner or a person referred to in paragraph (a), (b) or (c);

"site owner "includes a related party of a site owner.

Pt 4A Div. 1A (Heading and ss 206JB, 206JC) inserted by No. 45/2018 s. 183 (as amended by No. 47/2019 s. 77).

Division 1A—Discrimination in relation to site agreements

S. 206JB inserted by No. 45/2018 s. 183 (as amended by No. 47/2019 s. 77).



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