Conveyancing and Body Corporate contracts – basis for termination

by Andrew Lind on 25 November, 09

Pazcuff Pty Ltd v Farmilo & Ors [2009] QSC 230

This recent Supreme Court decision (August of 2009) determined that the purchaser was able to terminate the contracts of sale as a result of the sellers’ failure to provide disclosure statements signed by the sellers (or person specifically authorised by the sellers to do so), before the contracts were entered into, as required under s 206 of the Body Corporate and Community Management Act 1997 (the Act).

s 206 of the Act provides:

  • “(1) The seller of a lot included in a community titles scheme … must give a person (the buyer) who proposes to buy a lot, before the buyer enters into a contract to buy the lot, a disclosure statement.
  • (2) …
  • (3) The disclosure statement must be signed by the seller or a person authorised by the seller …”

The disclosure statements were simply not signed and provided to the purchaser with the executed contracts under cover of the seller’s solicitors letterhead.  The Court said that was not good enough under s206 of the Act.

Conveyancing is not simple. Much attention to detail is required and mistakes are very costly. Engaging our expert, experienced and careful Property Lawyers and Conveyancing Solicitors makes good sense.

{ 0 comments… add one now }

Leave a Reply

Your email address will not be published. Required fields are marked *



Terms & Conditions

Law Experts content including responses to your questions and comments provides legal information, tips and hints. The content on this site is not legal advice. That’s good, because there’s no risk of getting a bill by making a comment, asking a question or just contacting us.

You agree that any comment or question that you may ask may be published on this site, after editorial review, for the benefit of future readers. Our editors may edit comments in their discretion. For example we will would seek to remove information that would identify you.

The Corney & Lind lawyers (law experts) are of course happy to give legal advice, that’s what they do for a living. However it is only legal advice when you have engaged Corney & Lind Lawyers to provide legal advice for you. Before you do that you want to have an idea of what it might cost and our lawyers are happy to communicate with you about this.

We may change any of these terms and conditions at any time in our discretion by changing them on this page.

You must scroll down the terms & conditions before you can agree.

Previous post:

Next post: