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
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