s 62
In forceImplied term in contract for sale of lot or proposed lot in community development scheme
Part 4Community development schemes
Division 7Enforcement of scheme
62 Implied term in contract for sale of lot or proposed lot in community development scheme
The developer under a community development scheme warrants to any person who purchases a lot or a proposed lot in the scheme that the development will be carried out in accordance with the scheme.
A warranty under subsection (1) – is enforceable in the same way as a contractual warranty; and cannot be limited or excluded by contract.
Without limiting the damages that may be recovered for breach of the statutory warranty, the owner of a lot may recover damages for the loss of a reasonably expected capital appreciation of the lot that would have resulted from completion of the development in accordance with the terms of the scheme.
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