NSW Conveyancing (Sale of Land) Regulation 2022
Regulation Part 5: Purchasers' remedies (rescission, method, effect) – NSW Conveyancing (Sale of Land) Regulation 2022

NSW Conveyancing (Sale of Land) Regulation 2022 21-23: Purchaser's rescission for missing documents, missing disclosure statement or breach of warranty: grounds, method, 14-day window and refund

What does 21-23 require?

A purchaser may rescind a contract for the vendor's failure to attach the prescribed documents, for failure to attach a disclosure statement to an off the plan contract, or for breach of a prescribed warranty (and an option for breach of its warranty), provided for a warranty breach that it amounts to a failure to disclose a matter the purchaser was unaware of and the purchaser would not have contracted, or would have been materially prejudiced, had the matter been known (clause 21). Rescission is by written notice served on the vendor: for missing documents or disclosure statement, within 14 days after the contract is made unless completed; for breach of warranty, before completion; for an option, before it is exercised or expires (clause 22). The notice rescinds the contract from the time it was made and the vendor must refund the deposit and all other money paid by the purchaser, and for an option the consideration and any deposit (clause 23).

Maintained by Gerard Blokdyk

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