Community Titles Act 2018

A buyer may avoid a contract for the sale and purchase of a lot at any time before the settlement date for the contract —

if —

a type 2 notifiable variation occurs in relation to the contract; and

the seller does not substantially comply with the requirement under section 131 to give notice of the variation to the buyer within the required time; and

if the seller were now to comply with that section, the buyer would receive information or a document that would disclose material prejudice to the buyer (proof of which lies on the buyer).

However, if the seller gives a notice substantially complying with the requirement under section 131 before the buyer avoids the contract under this section, the buyer may not avoid the contract under this section more than 15 working days after the seller’s notice is given.