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s 45

Obligations of seller

In force
Chapter 2Basic operation of a scheme
Part 2.3Key elements of a scheme
Division 3Scheme land
Subdivision 4Sale of proposed units

45 Obligations of seller

(1) The seller must, before the buyer enters into the contract, give the buyer a scheme disclosure statement (a disclosure statement) in force under subsection (3) for the unit.

(2) The seller must ensure a disclosure statement for the unit contains the following information:

(a) an estimate of the amount of annual contributions reasonably expected to be payable to the body corporate for the unit;

(b) the information prescribed by regulation about the engagement or proposed engagement of a body corporate manager or service contractor;

(c) the information prescribed by regulation about the authorisation or proposed authorisation of a letting agent;

(d) the information prescribed by regulation about any existing or proposed body corporate assets;

(e) the existing and proposed scheme statements, management modules and by-laws of the scheme and higher schemes (whether existing or proposed to be formed or changed);

(f) anything required to be included in the disclosure statement by the management modules;

(g) the information prescribed by regulation about any proposed plan of

subdivision or proposed plan of consolidation relating to the unit;

(h) the method of adjudicating disputes arising from the disclosure statement as prescribed by regulation;

(i) any other matter prescribed by regulation.

(3) The disclosure statement is in force if:

(a) it is signed by or for the seller; and

(b) it is registered together with any document prescribed by regulation.

(4) The seller must comply with subsections (1) and (2).

Fault element: Strict liability offence.

Maximum penalty: 100 penalty units.

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