(1) The buyer under a contract for the sale of residential property may give the seller a written notice (a rescission notice ) to the effect that the buyer rescinds the contract.
Note 1 If a form is approved under s 39 for a rescission notice, the form must be used.
Note 2 For how documents may be served, see the Legislation Act
, pt 19.5.
(2) The rescission notice may only be given during the cooling-off period, but is ineffective if given after completion of the contract.
(3) The rescission notice must be signed by the buyer or his or her lawyer.
(4) If the question whether a rescission notice has been given arises in a legal proceeding, the burden of proving the giving of the notice is on the buyer.