VadeLab
StatuteProperty Law Act 2007

Section 37 — Property Law Act 2007: Purchaser may apply for order requiring refund of deposit, etc, in respect of certain agreements

Text of the provision Official document

37 Purchaser may apply for order requiring refund of deposit, etc, in respect of certain agreements (1) This section applies to an agreement for the sale and purchase of land if— (a) it comes into operation after 31 December 2007; and (b) a court has not ordered, and no court would order, the specific performance of it by the purchaser; but (c) the purchaser is not entitled to cancel it. (2) The purchaser may apply to a court for relief under this section in respect of the agreement. (3) On the application, the court may make an order doing all or any of the following in respect of the agreement: (a) cancelling it: (b) requiring the vendor to refund the deposit and any other amounts (including interest) paid by the purchaser under it: (c) declaring that the purchaser has a lien on the land to which it relates to secure payment by the vendor of any amounts ordered under this section to be refunded to the purchaser.

Official source: legislation.govt.nz

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.