A purchaser seeking to cancel an off-the-plan contract under s 214(4) or s 217 of the Body Corporate and Community Management Act 1997 (Qld) must plead and establish material prejudice resulting from inaccuracies in the disclosure statement. The vendor's failure to provide a further statement under s 214(2) is a breach of a non-essential term that does not entitle the purchaser to defer settlement or prevent the vendor from terminating for the purchaser's failure to settle. The obligation under s 214 to provide a further statement continues until settlement, not merely until the community titles scheme is established.
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