Removal of certain bars to rescission
6 Removal of certain bars to rescission
Where a misrepresentation has been made by reason of which any party to a contract would, but for any one or more of the following considerations—
that the misrepresentation has become a term of the contract; or
that the contract has been performed; or
that conveyances, transfers or other documents have been registered at any public registry office in pursuance of the contract, be entitled to rescind the contract, that contracting party is entitled to rescind the contract despite that consideration or those considerations.
This section does not invest a contracting party with a right to rescind a contract where, in equity, such a right would be barred by reason of the fact that a third party has in good faith and for valuable consideration acquired an interest in the subject-matter of the contract.
This section does not affect any remedy available under the Land Agents Act 1994, Conveyancers Act 1994, Land Valuers Act 1994 or Land and Business (Sale and Conveyancing) Act 1994.
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