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ARTICLE · 04 APRIL 2012

Amendment - Changes to the Land Sales Act 1984 (Qld)

Barry Nilsson
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The new changes that the contract will provide cannot be avoided by the Buyer when the delay is a result of his default.

AustraliaReal Estate and Construction
Freeda Stevenson
Freeda Stevenson
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In response to our previous e-alert of 30 March 2012, we wish to clarify that a 'two-pronged' approach has been taken to the amendments of the Land Sales Act 1984 (LSA).

The first round of amendments that took effect on 15 February 2012 amended section 27(1)(b) of the LSA, and restricted a Buyer's right to avoid the contract for an off-the-plan residential sale in certain circumstances. In particular, if the developer has not provided a registrable transfer to the Buyer within the relevant time period (currently 3 and a half years), then the Buyer may be able to avoid the contract. However, the amendments now provide that the contract cannot be avoided by the Buyer where the delay in providing the registrable transfer is a result of the Buyer's default.

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