Queensland Property Law Act 2023
Chapter 4 Part 1: Contracts for the sale of land (implied conditions, settlement, deposits, instalment contracts) – Queensland Property Law Act 2023

Queensland Property Law Act 2023 83-86: Defective title remedies, deposit cap for proposed lots, termination rights when e-conveyancing

What does 83-86 require?

The rule in Bain v Fothergill is abolished so a buyer may recover damages for a seller's defective title (section 83), and a buyer who cannot rescind for a defect may still recover the deposit and instalments and be relieved from liability unless the contract disclosed the defect (section 84). For a contract to sell a proposed lot the deposit that may be forfeited on the buyer's breach is capped at 20 per cent of the price (section 85). Where a statutory right of termination is expressed to end on settlement and the sale is completed by e-conveyancing, the right ends on settlement and cannot be exercised while the electronic workspace is locked for settlement (section 86).

Maintained by Gerard Blokdyk

Other controls in Chapter 4 Part 1: Contracts for the sale of land (implied conditions, settlement, deposits, instalment contracts) – Queensland Property Law Act 2023

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