NSW Home Building Act 1989
Part 2A: Supply of kit homes – NSW Home Building Act 1989

NSW Home Building Act 1989 s16DBA: ss 16DBA and 16DBB Kit home cooling-off and rescission where the warning was omitted

A kit home buyer may rescind by written notice within 5 clear business days after receiving the signed contract copy (or after becoming aware of the entitlement if no copy arrived within 5 days). On rescission the supplier may keep reasonable out-of-pocket expenses incurred before rescission, must refund all other money, and the buyer has no liability; the supplier is entitled to a reasonable price for work done. The period may be shortened or waived only once an independent Australian legal practitioner's certificate (not from the supplier's lawyer or firm) is given. Prescribed classes are excluded. If the contract omits the cooling-off statement, the buyer may rescind within 7 days of becoming aware of the omission (s 16DBB), with the supplier's recovery capped at the contract amount.

Maintained by Gerard Blokdyk

Other controls in Part 2A: Supply of kit homes – NSW Home Building Act 1989

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