Section 38 — Property Law Act 2007: Court awarding damages against purchaser must take into account relief granted under section 37

38 Court awarding damages against purchaser must take into account relief granted under section 37 (1) The granting of relief under section 37 in respect of an agreement for the sale and purchase of land does not deprive the vendor of any right to claim damages from the purchaser for the failure to perform the agreement. (2) However, a court awarding damages against the purchaser for the failure to perform the agreement must take into account any relief granted under section 37 .