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Contracts ConveyancingSAMEDIUM

What happens if a purchaser exercises their cooling-off rights during the 2-day period in SA?

Correct Answer

A) The contract is rescinded, and the vendor may keep a deposit only up to $100

Under s 5(4) of the Land and Business (Sale and Conveyancing) Act 1994 (SA), when a purchaser rescinds by written notice within the cooling-off period, the purchaser is entitled to the return of money paid, except that the vendor may keep a deposit not exceeding $100 (or a greater amount fixed by regulation) and any amount paid for an option.

Answer Options
A
The contract is rescinded, and the vendor may keep a deposit only up to $100
B
The purchaser forfeits the entire deposit, whatever amount was paid under the contract
C
The contract continues, but the price is reduced by 5% to compensate the purchaser
D
The vendor may refuse the notice and enforce the contract if it has incurred costs

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Related Topics & Key Terms

Key Terms:

cooling-off exercisecontract voidprescribed penalty
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