Sale of Land (Vendors' Obligations) Act 1940 (WA)

No. 46.] Sale of Land (Vendors' Obligations). [1940.

SALE OF LAND

(VENDORS' OBLIGATIONS).

40 and 5° GEO. VI., No. XLVI.

No. 46 of 1940.

AN ACT to impose certain obligations on vendors under contracts of sale of land, and for other purposes.

[Assented to 30th December, 1940.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legisla- tive Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title. 1.

This Act may be cited as the Sale of Land (Vendors' Obligations) Act, 1940.

Interpretation. 2. In this Act, subject to the context-

" Contract of sale" means an agreement for the sale and purchase of land where the terms of the sale provide that payment by the purchaser for the land shall be extended over a period of time and shall be made by weekly, monthly, or other periodical instalments, whether described as rent or otherwise, and where the instrument of sale is not a registrable instrument under the Transfer of Land Act, 1893-1939.

19401      Sale of Land (Vendors' Obligations). [No. 46.

• ' Court" means

(a)	where the consideration expressed in the contract of sale in respect of the land in question does not exceed one thousand pounds the local court constituted pur- suant to the Local Courts Act, 1904-1930, and held nearest to the residence of the purchaser, or the court nearest the place where the land is situate; and
(b)	where such consideration exceeds one thou- sand pounds, the Supreme Court or a Judge thereof.

"Land" includes any estate or interest in land.

"Owner" means the owner or registered proprietor

of the land and includes any person who is entitled to be registered as registered pro- prietor of the land or who is a purchaser under agreement of sale from the owner or registered proprietor, and in like manner includes a sub- purchaser.

"Purchaser" means a purchaser under a contract of sale and, where necessary, includes a suhpur- chaser.

"Vendor" means an owner who, under a contract

of sale, sells land.

Notification

3. (1) Every vendor of land, when such land is being or is about to be sold by means of a contract of sale, shall	of condition of title to be
given.
notify the purchaser in writing before the purchaser executes the contract of sale, of any mortgage or encum- brance, lien, or charge on the land, and of any writ of
fieri facias or warrant of execution entered in the register
book or registered against such land. Any notification as aforesaid will be deemed sufficient if clearly con- tained in the contract of sale or in any separate writing.

Penalty: Fifty pounds.

(2) In this section the word "charge" shall not include

rates or taxes charged on the land.

4. So long as the land remains subject to the contract Except under

of sale, the vendor of the land shall not, except pursuant Worntasivne	enrodri-
to an order of the court, mortgage or otherwise encumber	'6% entering intoltnoturnef tile
such land unless—	contract of
sale.

(a) a caveat protecting the rights of the purchaser

under the contract of sale has been duly

No. 46.] Sale of Land (Vendors' Obligations). [1940.

lodged against the land by the purchaser and

the transaction is subject to the caveat; or

(b) the purchaser has consented thereto by memo-

randum in writing.

Penalty: One hundred pounds or imprisonment for six mouths or both such fine and such imprisonment.

Where pur-	5. (1) Where the vendor has requested the pur-
chaser refuses

to consent to	chaser to give the consent required by the last preced-
Mortgage
vendor may	ing section to the vendor mortgaging or 'therwise
appeal to the
court.	encumbering the land sold under a contract of sale, and the purchaser has refused or neglected to give such con- sent, or where for any other reason such consent can- not be obtained by the vendor, or where such consent has been given but by reason of some act or default of the purchaser the vendor is unable to mortgage or encum- ber such land or to register a mortgage or encumbrance thereon, the vendor may, by application in the prescribed manner, apply to the court, and the court in its dis- cretion shall have power and authority and jurisdiction to make such order as it deems fit and proper under the circumstances.

Every such order shall have authority and effect as an order of the court and shall be obeyed accord- ingly by all persons concerned, and any disobedience to such order shall carry the same consequences as in the ease of disobedience to an order of the court.

(2)

The costs of any application under this section shall be in the absolute discretion of the court, and any order made or purporting to be made under the provi- sions of this Act shall be final and conclusive and with- out appeal.

(3)

Offences.

6. All proceedings in respect of offences under this

Act shall be heard and determined in a summary man-

ner under the provisions of the Justices Act, 1902-1936.

Provided that notwithstanding anything contained in

such last-mentioned Act, proceedings in respect of an

offence against any provision of this Act may be brought

at any time within twelve years next after the commis-

sion of the offence, or within six months next after the

first discovery thereof, by the person aggrieved, which-

ever period is the shorter.

1940.] Sale of Land (rewlors Obligations). [No. 46. Provided further, that no such proceedings may be brought after the expiry of one month from the date when a transfer of the land in respect of winch the offence has been committed executed by the vendor in favour of the purchaser, or by the direction of the pur- chaser indorsed on the transfer, has been registered at the Titles Office.

7. (1) Nothing contained in this Act, and no pro- s.zny

ceedings taken thereunder against any person, shall	remedies.
eriminM
any way prejudice or interfere with any right or remedy by civil process winch any person aggrieved might have had if this Act had not been passed.

The provisions of the Criminal Code shall not be

limited or prejudiced or affected by the provisions of

this Act.

(2)

(3) Nothing in this Act shall be construed as placing garluferotor

any duty or liability whatsoever upon the Commissioner Land Act

or Registrar of Titles or upon any officer acting under

the authority of the Transfer of Land Act, 1893-1939,

or any other enactment relating to the registration or

recording of title in land, or as in any way amending

any such Act, or as affecting the validity of any registra-

tion thereunder, and every such enactment shall have

the same force and effect as if this Act had not been

passed.