(c) the land is part of a plan of consolidation approved by the Registrar and is dealt with by a person who is the registered proprietor of that part and no other part of the land in the plan. S. 9 amended by Nos 7052 s. 2(g)(i)(ii), 8661 s. 40(a)(b), 9128 s. 8(2)(a)–(c), 10216 s. 4(a)–(c), repealed by No. 53/1988 s. 45(Sch. 2 item 43). * * * * * S. 9AA inserted by No. 10216 s. 5. 9AA of land prior to approval of plan S. 9AA(1) amended by Nos 53/1988 s. 45(Sch. 2 items 44, 46), 48/1991 s. 55(1)(a)(b). (1) A person shall not sell a lot in a plan of subdivision (whether certified or not) to anyone except a statutory body or authority if the plan has not been registered by the Registrar, unless— S. 9AA(1)(a) amended by No. 53/1988 s. 45(Sch. 2 item 45). (a) the contract for the sale of that lot provides that the deposit moneys payable by the purchaser are to be paid— S. 9AA(1)(a)(i) amended by Nos 53/1988 s. 45(Sch. 2 item 45), 35/1996 s. 453(Sch. 1 item 73.2(a)(i)), 75/2006 s. 192(Sch. 2 item 5.2), 63/2010 s. 57(1)(a)(i). (i) to a legal practitioner, conveyancer or licensed estate agent acting for the vendor to be held by the legal practitioner, conveyancer or licensed estate agent on trust for the purchaser until the registration of the plan of subdivision; and
S. 9AA(2) amended by Nos 53/1988 s. 45(Sch. 2 items 46, 47), 35/1996 s. 453(Sch. 1 item 73.2(b)), 11/2001 s. 3(Sch. item 67.2(b)), 75/2006 s. 192(Sch. 2 item 5.2), substituted by No. 63/2010 s. 57(3). (2) The deposit moneys paid by the purchaser before the registration of the plan under a prescribed contract of sale of a lot must be paid to the legal practitioner, conveyancer or licensed estate agent acting for the vendor. S. 9AA(3) amended by No. 35/1996 s. 453(Sch. 1 item 73.2(c)), repealed by No. 63/2010 s. 57(4). * * * * * S. 9AA(4) amended by Nos 35/1996 s. 453(Sch. 1 item 73.2(d)), 11/2001 s. 3(Sch. item 67.2(b)), repealed by No. 63/2010 s. 57(4). * * * * * S. 9AA(5) repealed by No. 53/1988 s. 45(Sch. 2 item 48), new s. 9AA(5) inserted by No. 48/1991 s. 55(2). (5) A person may sell land under a prescribed contract despite anything in section 8A.
S. 15(1)(b) amended by Nos 35/1996 s. 453(Sch. 1 item 73.3), 75/2006 s. 192(Sch. 2 item 5.2A) (as amended by No. 17/2007 s. 32(2)). (b) if served personally or by post upon his legal practitioner or conveyancer named in the contract or otherwise authorized by the person to be served to act in the particular matter. (2) A person shall be deemed not to have complied with a requirement contained in such notice if the requirement is not complied with— (a) within ninety days of service; (b) within any extension of time agreed to by the parties within ninety days of the service; or (c) within the time allowed by an arbitrator on application made within ninety days of the service— whichever is the longer. 16 Offences S. 16(1) amended by Nos 7272 s. 5(a), 9554 s. 2(2)(Sch. 2 item 288). (1) Any person who sells any land in contravention of the provisions of this Act shall be guilty of an offence against this Act and where no other penalty is expressly provided be liable to a penalty of not more than 10 penalty units. S. 16(2) amended by No. 7272 s. 5(b), repealed by No. 103/2004 s. 68. * * * * * S. 16(3) repealed by No. 103/2004 s. 68. * * * * *
of the transaction, or in the case of a terms contract any moneys received by the vendor or on behalf of the vendor before the purchaser becomes entitled to possession or to the receipt of rent and profits pursuant to the contract; S. 23 def. of estate agent amended by No. 11/2002 s. 3(Sch. 1 item 58). estate agent has the same meaning as in section 4 of the Estate Agents Act 1980; S. 23 def. of solicitor repealed by No. 35/1996 s. 453(Sch. 1 item 73.4). * * * * * S. 24 (Heading) inserted by No. 75/2006 s. 192(Sch. 2 item 5.3). New s. 24 inserted by No. 9423 s. 2(2). 24 Deposit moneys held by legal practitioner, conveyancer or estate agent to be held as stakeholder S. 24(1) amended by Nos 35/1996 s. 453(Sch. 1 item 73.5(a)), 75/2006 s. 192(Sch. 2 item 5.4). (1) Any deposit moneys received by a legal practitioner, conveyancer or estate agent in the course of a transaction for the sale of land shall be held by that legal practitioner, conveyancer or estate agent as a stakeholder until— (a) in the case of a cash transaction, the purchaser becomes entitled to a transfer or conveyance of the land; or (b) in the case of a terms contract, the purchaser becomes entitled to possession or to the receipt of rents and profits— at which time the deposit moneys may be paid to the vendor in his own right or as the vendor directs.
(2) Any dispute as to whether a failure is to be disregarded under subsection (1) may be determined by an arbitrator. (3) In this section material mistake or misstatement means a mistake or misstatement that would entitle the purchaser to be discharged from the contract irrespective of the provisions of this Act. S. 29F inserted by No. 6/2008 s. 33. 29F Purchaser may avoid prohibited terms contract (1) Except where otherwise expressly provided, if a terms contract is entered into in contravention of this Act— (a) the contract is voidable by the purchaser at any time before completion of the contract; and (b) if the contract is avoided, a person is entitled to recover any money paid by that person under that contract. (2) A terms contract is not voidable by the purchaser if a court is satisfied that— (a) the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention; and (b) the purchaser is substantially in as good a position as if all the relevant provisions of this Act had been complied with. (3) Despite subsection (1), if a terms contract is entered into in contravention of this Act and is avoided by the purchaser before the completion of the contract, the purchaser is liable to pay an occupation rent for the period during which the purchaser was— (a) in actual possession of the land; or (b) entitled to the receipt of the rents and profits of the land.
S. 48B(4)(b) substituted by No. 37/2014 s. 10(Sch. item 148.2). (b) a police officer; (c) a person authorised in writing by the Director of Consumer Affairs Victoria. Pt 3 (Heading) amended by No. 63/2010 s. 60(1). Pt 3 (Heading and ss 26–28) repealed by No. 7332 s. 4(Sch. 2), new Pt 3 (Heading and s. 37) inserted by No. 44/2002 s. 31. S. 37 renumbered as s. 49 by No. 41/2003 s. 5(2). 49 Application of amendment to section Legislation (Amendments and Repeals) Act 2002 Despite the commencement of section 30 of the Agriculture Legislation (Amendments and Repeals) Act 2002, section 32, as in force immediately before that commencement, continues to apply to any contract for the sale of land entered into before that commencement. S. 50 inserted by No. 23/2010 s. 18. 50 Transitional provision—Purchaser may deduct growth areas infrastructure contribution from purchase price (1) This section applies to a contract for the sale of land in respect of which there is a GAIC recording (within the meaning of Part 9B of the Planning Agriculture
Sch. 1(d) substituted by No. 7052 s. 2(k)(i), amended by No. 6/2008 s. 35. (d) Subject to compliance with the terms and conditions of the mortgage the amount secured by the mortgage is to be repaid by the day of 20 .; Sch. 1(e) substituted by No. 7052 s. 2(k)(i). (e) Instalments under the mortgage must be made as follows: 3 Amount at intervals. (f) The vendor is 1 not in default under the mortgage. 1 in default under the mortgage in the following respects: Sch. 1(g) inserted by No. 42/1989 s. 4(f). (g) At the date of giving these particulars, the amount required to discharge the mortgage is; Sch. 1(h) inserted by No. 42/1989 s. 4(f). (h) The mortgagee's name and address are as follows: Name: Address: Sch. 1(i) inserted by No. 42/1989 s. 4(f). (i) (to be completed if the contract is a terms contract and the consideration is to be satisfied in part by the purchaser assuming the obligations of the mortgagor)— the mortgagee— 1 has consented to the purchaser assuming the mortgagor's obligations under the mortgage— 1 has not consented to the purchaser assuming the mortgagor's obligations under the mortgage. 4 Footnote amended by No. 7052 s. 2(k)(ii). 1 As the case requires. 2 Insert summary of relevant provisions. 3 Not required if mortgage does not provide for repayment by instalments. 4 Give details of defaults.