Western Australian Current Acts

STRATA TITLES ACT 1985 - SECT 162

162 .         Avoidance of contract for failure to disclose type 2 notifiable variation

        (1)         A buyer may avoid a contract for the sale and purchase of a lot at any time before the settlement date for the contract —

            (a)         if —

                  (i)         a type 2 notifiable variation occurs in relation to the contract; and

                  (ii)         the seller does not substantially comply with the requirement under section 157 to give notice of the variation to the buyer within the required time;

                and

            (b)         if the seller were now to comply with that section, the buyer would receive information or a document that would disclose material prejudice to the buyer (proof of which lies on the buyer).

        (2)         However, if the seller gives a notice substantially complying with the requirement under section 157 before the buyer avoids the contract under this section, the buyer may not avoid the contract under this section more than 15 working days after the seller’s notice is given.

        [Section 162 inserted: No. 30 of 2018 s. 83.]