Western Australian Current Acts

SALE OF LAND ACT 1970 - SECT 13C

13C .         Requirement for future lot contract to include warning

        (1)         A future lot contract must include a warning that contains a statement to the effect that the vendor is not the proprietor of the lot or lots to which the contract relates.

        (2)         The warning required under subsection (1) must be in the approved form.

        (3)         If a future lot contract does not include the warning required under subsection (1) —

            (a)         the contract is illegal and void; and

            (b)         the purchaser may recover from the deposit holder specified in the contract or from any other person to whom the deposit was paid —

                  (i)         any deposit or other amount paid by the purchaser under the contract; and

                  (ii)         if applicable, any interest accrued on the deposit or other amount.

        (4)         A vendor who enters into a future lot contract that does not include the warning required under subsection (1) commits an offence.

        Penalty for this subsection: a fine of $100 000.

        [Section 13C inserted: No. 38 of 2016 s. 8.]