Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 157

157 .         Information to be given after contract

        (1)         If a notifiable variation occurs after a buyer signs a contract for the sale and purchase of a lot, the seller must, by notice in writing, inform the buyer of particulars of the notifiable variation that a reasonable person would consider sufficient to enable the buyer to make an adequately informed assessment as to whether the buyer is materially prejudiced by the notifiable variation.

        (2)         The regulations may provide that if the notice contains specified particulars of a notifiable variation of a specified type it will be conclusively presumed to contain the particulars required by subsection (1).

        (3)         The seller must comply with subsection (1) —

            (a)         if the seller becomes aware of the notifiable variation less than 15 working days before the settlement date for the contract — as soon as practicable; and

            (b)         in any other case — not later than 10 working days after the seller becomes aware of the notifiable variation.

        (4)         Subsection (1) does not apply if —

            (a)         the seller has in the contract informed the buyer of any proposed action or matter that would be a notifiable variation; and

            (b)         the action or matter when completed does not differ from that described in the contract; and

            (c)         the seller gives the buyer written notice of completion of the action or matter within the time required by subsection (5), with particulars which a reasonable person would consider sufficient to enable the buyer to make an adequately informed assessment as to whether the action or matter as completed differs from that described in the contract.

        (5)         For subsection (4)(c), the time required for notice of completion is —

            (a)         if the seller becomes aware of the completion of the action or matter less than 15 working days before the settlement date for the contract — as soon as practicable; and

            (b)         in any other case — not later than 10 working days after the seller becomes aware of completion of the action or matter.

        (6)         In any court or tribunal proceedings arising out of or connected with a contract for the sale and purchase of a lot, the onus of proving that a notice required by subsection (1) or a notice referred to in subsection (4)(c) was given in accordance with this section lies on the seller.

        [Section 157 inserted: No. 30 of 2018 s. 83.]