NSW Conveyancing (Sale of Land) Regulation 2022
Conveyancing Act Part 4 Division 10 and Regulation Part 2 Division 3: Off the plan contracts (disclosure statement, notice of changes, rescission, sunset clauses) – NSW Conveyancing (Sale of Land) Regulation 2022

NSW Conveyancing (Sale of Land) Regulation 2022 Act-66ZS: Off the plan: no rescission under a sunset clause without the purchaser's consent or Supreme Court order

What does Act-66ZS require?

A vendor may rescind an off the plan contract under a sunset clause (where the lot creation, occupation certificate or other prescribed sunset event has not occurred by the sunset date) only with the written consent of each purchaser given after a notice in the required form at least 28 days before the proposed rescission, or by order of the Supreme Court, which may permit rescission only if just and equitable having regard to the vendor's conduct and reasons, the time of the notice, the increase in value of the lot and the other matters in section 66ZS; the vendor pays the purchaser's costs of the application unless the purchaser unreasonably withheld consent.

Maintained by Gerard Blokdyk

Other controls in Conveyancing Act Part 4 Division 10 and Regulation Part 2 Division 3: Off the plan contracts (disclosure statement, notice of changes, rescission, sunset clauses) – NSW Conveyancing (Sale of Land) Regulation 2022

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