53 If the Purchaser consents in writing to the proposed rescission, then the Contract is rescinded on the proposed rescission date referred to in the Vendor’s notice. (5)
The Deposit must be immediately refunded to the Purchaser if the Contract is ended pursuant to this Special Condition (4), but the Purchaser is not entitled to any compensation from the Vendor in respect of any costs fees or other expenses incurred by the Purchaser in relation to or arising out of this Contract.
Deposit Notwithstanding Special Condition 8: (1)
the Deposit and all other money payable by the Purchaser under this Contract must be paid to the Vendor's Lawyers to be held by them on trust for the Purchaser until registration of the Plan;
(2)
the Vendor's Lawyers are irrevocably directed by the parties to either (at the option of the Vendor's Lawyers):
(3)
(a)
lodge the Deposit (including any rollovers of the Deposit) with the Bank as an unsecured deposit in the name of the Vendor's Lawyers in a controlled money account authorised by the Legal Profession Uniform Law (Victoria); or
(b)
lodge the Deposit in the general trust account of the Vendor's Lawyers; and any Interest accruing on the Deposit and other money, if lodged in a controlled money account, must be paid to the party entitled to receive the Deposit and other money under the provisions of this Contract.
No caveat or priority notice (1)
Until the Plan has been registered and volume and folio references allocated for the Property, the Purchaser must not lodge, permit or cause to be lodged in the Land Titles Office any caveat or priority notice on behalf of the Purchaser in respect of the Purchaser's interest in the Property. If the Purchaser breaches this Special Condition (1), the Vendor is deemed to have been appointed the Purchaser's attorney for the purpose of signing all forms necessary to cause a withdrawal of the caveat or priority notice lodged by the Purchaser.
(2)
The Purchaser agrees to indemnify and keep indemnified the Vendor from and against all Loss and damage which the Vendor may suffer or incur in consequence of any breach by the Purchaser of this Special Condition 27.4.
Alterations to the Plan (1)
The Vendor reserves the right to make such alterations to the Plan, including to the Restrictions, as may be required to enable certification and registration of the Plan or which the Vendor may require and which do not materially affect the Property.
