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Estoppel in the face of consumer protection in land transactions- judicial reasoning or judicial intuition

Christensen, Sharon & Duncan, William (2010) Estoppel in the face of consumer protection in land transactions- judicial reasoning or judicial intuition. Australian Property Law Journal, 18(2), pp. 113-131.

Abstract

Nationally, there is much legislation regulating land sale transactions, particularly in relation to seller disclosure of information. The statutes require strict compliance by a seller failing which, in general, a buyer can terminate the contract. In a number of instances, when buyers have sought to exercise these rights, sellers have alleged that buyers have either expressly or by conduct waived their rights to rely upon these statutes. This article examines the nature of these rights in this context, whether they are capable of waiver and, if so, what words or conduct might be sufficient to amount to waiver. The analysis finds that the law is in a very unsatisfactory state, that the operation of those rules that can be identified as having relevance are unevenly applied and concludes that sellers have, in the main, been unsuccessful in defeating buyers' statutory rights as a result of an alleged waiver by those buyers.

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ID Code: 42778
Item Type: Journal Article
Keywords: Consumer Protection, Disclosure of Information, Statutory Rights
ISSN: 1038-5959
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Property Law (excl. Intellectual Property Law) (180124)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 13 Jul 2011 23:06
Last Modified: 03 Dec 2012 12:07

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