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Change to sunset clauses

Change to sunset clauses

By Russell Cocks

Real Property 


Retrospective amendments to the Sale of Land Act will substantially limit a vendor’s ability to end a residential off-the-plan contract. Snapshot: Sunset clauses must be exercised in accordance with the Act. The purchaser’s consent or a court order is required. Residential off-the-plan contracts need additional disclosure. The Sale of Land Amendment Bill 2018 was expected to pass parliament in 2018 but was delayed by the Victorian election. It is expected to be passed early this year and will require vendors who wish to end residential off-the-plan contracts pursuant to sunset clauses to either obtain the purchaser’s consent, or an order from the Supreme Court.

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