Western Australian Current Acts Western Australian Current Acts In the completion of a
contract made after the coming into operation of this Act the obligations and
rights of vendor and purchaser are, subject to any stipulation to the contrary
in the contract, to be regulated by the following rules —
(a)
under a contract to grant or assign a term of years, whether derived or to be
derived out of a freehold or leasehold estate, the intended lessee or assignee
is not entitled to call for the title to the freehold;
(b)
recitals, statements and descriptions of facts, matters, and parties contained
in deeds, instruments, Acts of Parliament, or statutory declarations 20 years
old at the date of the contract, unless and except so far as they are proved
to be inaccurate, are to be taken to be sufficient evidence of the truth of
such facts, matters and descriptions;
(c) the
inability of the vendor to furnish the purchaser with a legal covenant to
produce and furnish copies of documents of title is not an objection to title
where the purchaser will, on the completion of the contract, have an equitable
right to the production of such documents;
(d) such
covenants for production as the purchaser can and does require are to be
furnished at his expense, but the vendor is to bear the expense of perusal and
execution on behalf of, or by himself, and on behalf of or by necessary
parties other than the purchaser; and
(e)
where the vendor retains any part of an estate, to which any documents of
title relate, he may retain such documents.
[Heading inserted: No. 38 of 2016 s. 14.]