Under SA law, what are the vendor's obligations if Form 1 contains a material error or omission?
Correct Answer
D) The purchaser may apply to court to avoid the contract or claim damages if prejudiced
Under s 15 of the Land and Business (Sale and Conveyancing) Act 1994 (SA), where Form 1 is not given or is defective, the purchaser may apply to court. If satisfied the purchaser was prejudiced, the court may avoid the contract, award damages against the vendor or against an agent whose failure caused the prejudice, or make other orders.
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