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s 9

Verification of vendor's statement

In force
Part 2Contracts for sale of land or businesses

9 Verification of vendor's statement

(1)

Where a vendor's statement is required to contain particulars in relation to land, and an agent acts on behalf of the vendor—

(a)

the agent must ensure that the prescribed inquiries are made into the matters as to which particulars are required in the statement;

and

(b)

the agent must sign a certificate in the form required by regulation—

(i)

that the responses to the inquiries confirm the completeness and accuracy of the particulars contained in the statement; or

(ii)

that, subject to stated exceptions, the responses to the inquiries confirm the completeness and accuracy of those particulars; and

(ba)

the agent must ensure that a copy of the certificate is given to the vendor within 48 hours after the signing of the certificate;

and

(c)

the vendor must ensure that the certificate is endorsed on, or attached to, the vendor's statement at the time of service on the purchaser.

(2)

Where a vendor's statement is required to contain particulars in relation to land and no agent acts on behalf of the vendor but an agent acts on behalf of the purchaser—

(a)

the agent must ensure that the prescribed inquiries are made into the matters as to which particulars are required in the statement;

and

(b)

the agent must sign a certificate in the form required by regulation—

(i)

that the responses to the inquiries confirm the completeness and accuracy of the particulars contained in the statement; or

(ii)

that, subject to stated exceptions, the responses to the inquiries confirm the completeness and accuracy of those particulars; and

(ba)

the agent must ensure that a copy of the certificate is given to the vendor within 48 hours after the signing of the certificate;

and

(c)

the agent must serve the certificate or cause it to be served on the purchaser—

(i)

when the vendor's statement is required under section 7—at least ten clear days before the date of settlement;

(ii)

when the vendor's statement is required under section 8—at least five clear business days before the date of settlement.

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