A vendor's solicitor adds a special condition saying the purchaser cannot claim damages for any misrepresentation about the land. How effective is that clause in NSW?
Correct Answer
B) It does not stop the purchaser claiming damages for misrepresentation
Section 53 of the Property and Stock Agents Act 2002 provides that no term of an agreement for the sale and purchase of land operates to prevent the purchaser from claiming damages or other relief for misrepresentation or concealment in connection with the sale. The special condition therefore cannot shut out the claim.
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