A vendor's termination of an off-the-plan strata title contract for breach does not extinguish the purchaser's statutory right to avoid the contract under s 69D(1) of the Strata Titles Act 1985 (WA), because avoidance operates as rescission ab initio while termination operates only in futuro. A use restriction endorsed on a strata plan under s 6 of the Act is distinct from restrictions imposed by a local planning scheme; the absence of a s 6 endorsement on the contract plan means the addition of such an endorsement on a later plan cannot constitute a notifiable variation by removal of a restriction. Whether a change in lot area is a 'material particular' under s 69C(3)(c) is a question of fact and degree, and contractual provisions tolerating variations below a specified threshold are relevant (though not controlling) to that assessment. The question whether the right to avoid under s 69D is lost by election between inconsistent rights was left open.
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