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s 15

Remedies

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Part 2Contracts for sale of land or businesses

15 Remedies

(1)

Where a vendor's statement is not given or certified as required by this Part, or the statement given is defective, the purchaser may apply to a court of competent jurisdiction for an order under this section.

(2)

On the hearing of an application under subsection (1) the Court may, if satisfied that the purchaser has been prejudiced by the failure to comply with this Part, exercise any one or more of the following powers:

(a)

avoid the contract and make such other orders as the Court thinks necessary or desirable to restore the parties to the contract to their respective positions before entering into the contract;

(b)

award such damages as may, in the opinion of the Court, be necessary to compensate loss arising from the non-compliance;

(c)

make such other orders as may be just in the circumstances.

(3)

Damages may be awarded under subsection (2)(b) against—

(a)

the vendor;

(b)

if it appears that the purchaser has been prejudiced by a failure on the part of an agent to carry out duties imposed by this Part—the agent, or both.

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Section 15 — Remedies — Land and Business (Sale and Conveyancing) Act 1994 (South Australia) — Barrister AI