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ARTICLE · 01 JUNE 2019

Changes to sunset clauses in Victoria are here to stay

Retrospective legislation relating to sunset dates in off-the-plan contracts of sale has come into effect in Victoria.

AustraliaReal Estate and Construction

Parliament has passed the Sale of Land Amendment Bill 2019 (Vic) which brings into effect retrospective legislation relating to sunset dates (also known as latest dates for registration) in the off-the-plan contracts of sale.

Parliament passed the Sale of Land Amendment Bill 2019 (Vic) (Bill) on 28 May 2019. This Bill brings into effect retrospective legislation relating to sunset dates (also known as latest dates for registration) in the off-the-plan contracts of sale.

What does this mean?

  1. Vendors no longer have an automatic right to rescind an off-the-plan contract of sale under the sunset date clause.
  2. Vendors may only rescind an off-the-plan contract of sale under the sunset date clause if:

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