Victorian Current Acts Victorian Current ActsS. 9AB(1) amended by Nos 53/1988 s. 45(Sch. 2 items 53, 54), 14/2019 s. 6(1).
(1) The vendor must disclose in an off-the-plan contract details of any works affecting the natural surface level of the land in the lot to which the contract relates or any land abutting the lot which is in the same subdivision as the lot which to the vendor's knowledge—
S. 9AB(1)(a) amended by No. 53/1988 s. 45(Sch. 2 item 52).
(a) have been carried out on that land after the certification of the plan of subdivision and before the date of the contract; or
(b) are at the date of the contract being carried out or proposed to be carried out on that land.
S. 9AB(2) amended by Nos 53/1988 s. 45(Sch. 2 items 53, 54), 14/2019 s. 6(2).
(2) The vendor under an off-the-plan contract must disclose to the purchaser details of any works affecting the natural surface level of the land in the lot to which the contract relates or of any land abutting the lot which is in the same subdivision as the lot which have not been disclosed in the off-the-plan contract and which to the vendor's knowledge—
S. 9AB(2)(a) amended by No. 53/1988 s. 45(Sch. 2 item 55).
(a) have been carried out on that land after the date of the contract and before the registration of the plan of subdivision; or
S. 9AB(2)(b) amended by No. 53/1988 s. 45(Sch. 2 item 55).
(b) after the date of the contract and before the registration of the plan of subdivision have been commenced to be carried out or are proposed to be carried out on the land.
S. 9AB(3) amended by No. 14/2019 s. 6(3).
(3) The vendor must make a disclosure under subsection (2) in writing as soon as practicable after the details required to be disclosed come to the knowledge of the vendor.
S. 9AB(4) amended by No. 14/2019 s. 6(4).
(4) If—
(a) any works referred to in subsection (1) or (2) have been, are being or are to be carried out at the direction of a municipality or public authority; and
(b) the vendor has been required to submit plans of the works or proposed works to the municipality or public authority—
the vendor must—
S. 9AB(4)(c) amended by No. 14/2019 s. 6(5).
(c) in the case of a disclosure under subsection (1), include a copy of the plans in the off‑the-plan contract; and
(d) in the case of a disclosure under subsection (2), provide the purchaser with a copy of the plans at the time of that disclosure.
S. 9AB(5) amended by No. 14/2019 s. 6(6).
(5) If the vendor under an off-the-plan contract knowingly or recklessly—
(a) supplies false information to the purchaser under this section; or
(b) fails to supply all the information required to be supplied to the purchaser under this section—
the vendor shall be guilty of an offence and liable to a penalty of not more than 50 penalty units.
S. 9AC inserted by No. 10216 s. 5.