After signing, an SA purchaser finds that the vendor's Form 1 left out a registered easement over the land. What remedy may the purchaser have?
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.
Why This Is the Correct Answer
Section 15 of the Land and Business (Sale and Conveyancing) Act 1994 (SA) lets a purchaser with a defective Form 1 apply to court, which may avoid the contract or award damages if the purchaser was prejudiced.
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