An instalment contract is one under which the buyer pays the price by instalments (other than a deposit) without receiving a transfer in exchange, and section 90 fixes when a buyer's election makes a contract an instalment contract. The seller may not terminate for default in an instalment until 30 days after giving the approved-form default notice (section 91), must not sell or mortgage the land without the buyer's consent given in the manner section 92 requires, and a buyer not in default may lodge a caveat (section 93) and may require transfer on at least three months' notice against payment of the balance (section 94). Section 98 prohibits contracting out of the Part.
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