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UNREGISTERED PLAN

UNREGISTERED PLAN

UNREGISTERED PLAN

Statement to Purchaser under section 10F of the Sale of Land Act 1962 (Vic)

The Purchaser acknowledges that:

(1) the Vendor is required to give the Purchaser notice of the proposed rescission of the Contract under this Special Condition;

(2) the Purchaser has the right to consent to the proposed rescission of the Contract but is not obliged to consent;

(3) the Vendor has the right to apply to the Supreme Court for an order permitting the Vendor to rescind the Contract; and

(4) the Supreme Court may make an order permitting the rescission of the Contract if it is satisfied that making the order is just and equitable in all the circumstances.

Registration of Plan

(1) Settlement is conditional upon the Plan being registered by the Registrar under the provisions of the Subdivision of Land Act (Vic) 1988 within 36 months from the Day of Sale.

(2) The Vendor will use all reasonable endeavours to cause the Plan to be registered, provided that the Purchaser must at the Purchaser's expense provide all necessary consents of the Purchaser to enable registration of the Plan.

(3) The Vendor reserves the right to make whatever alterations to the Plan as may be required to enable certification and registration of the Plan. The Purchaser must not make any objection or requisition or Claim any compensation in respect of any excess or deficiency whether in area, boundaries, measurements, occupation or otherwise on the basis that the Plan as registered by the Registrar does not agree in measurement or otherwise with the copy of the Plan attached to the Vendor's Statement or the Land as inspected by the Purchaser.

(4) If the Plan is not registered by the Registrar within 36 months after the Day of Sale, then at any time after the expiration of the period of 36 months but before the Plan is registered:

(a) the Purchaser may avoid this Contract by notice in writing to the Vendor; or

(b) subject to Special Condition 27, the Vendor may give the Purchaser at least 28 days’ written notice that it proposes to rescind the Contract on a particular date. The written notice must state:

(1) the reason why the Vendor is proposing to rescind the Contract;

(2) the reason for the delay in the registration of the Plan; and

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