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s 14

Settlement and documents to be given before settlement

In force
Part 2Sale of proposed lots
Division 3Settlements

14 Settlement and documents to be given before settlement

(1)

The seller of a proposed lot must settle the contract for the sale of the lot not later than 18 months after the buyer enters into the contract for the sale of the lot.

(2)

Subsection (3) applies if the seller of a proposed lot does not give the buyer a copy of the plan of survey for the proposed lot, approved by the relevant local government under the Planning Act or by MEDQ under the Economic Development Act, before the buyer enters the contract for the sale of the lot.

(3)

The seller must give the buyer of the proposed lot, at least 14 days before the contract is settled—

(a)

a copy of the plan of survey for the lot registered under the Land Act 1994 or Land Title Act 1994 (registered plan); and

(b)

a statement prepared by a cadastral surveyor to the effect that there are no differences between the information contained in the registered plan and the information contained in the disclosure plan for the lot given to the buyer under section 10.

(4)

For subsection (3)(b), if the information contained in the disclosure plan is rectified by a further statement given to the buyer under section 13, the reference to the information contained in the disclosure plan means the information as rectified.

(5)

If the seller fails to comply with subsection (1) or (3), other than because of the buyer’s default, the buyer may terminate the contract for the sale of the proposed lot by written notice given to the seller before the contract is settled.

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