s. 28 (10) Notwithstanding section 2(1) of this Act, for the purposes of this section means a charge mortgage or lien on land for securing money or money's worth. (11) This section shall not operate to authorize the S. 27(11) amended by release of deposit moneys which are being held Nos 10216 by a legal practitioner, conveyancer or estate s. 7, 53/1988 s. 45(Sch. 2 agent under section 9AA. item 66) (as amended by No. 47/1989 s. 19(zf)), 35/1996 s. 453(Sch. 1 item 73.7), 75/2006 s. 192(Sch. 2 item 5.8). 28 Powers of purchaser where contract in New s. 28 inserted by contravention of this Division No. 9423 s. 2(2), (1) Where any contract for the sale of land contains substituted by No. 9471 s. 7. provisions in contravention of this Division— (a) those provisions shall be void and of no effect; and (b) the contract shall be voidable by the purchaser at any time before completion and any person who has paid money under the contract shall be entitled to recover it. (2) Notwithstanding paragraph (b) of subsection (1) the contract shall not be voidable by the purchaser if the Court is satisfied that the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention and that the purchaser is substantially in as good a position as if all the relevant provisions of this Division had been complied with.
(10) Notwithstanding section 2(1) of this Act, for the purposes of this section mortgage means a charge or lien on land for securing money or money's worth. S. 27(11) amended by Nos 10216 s. 7, 53/1988 s. 45(Sch. 2 item 66) (as amended by No. 47/1989 s. 19(zf)), 35/1996 s. 453(Sch. 1 item 73.7), 75/2006 s. 192(Sch. 2 item 5.8). (11) This section shall not operate to authorize the release of deposit moneys which are being held by a legal practitioner, conveyancer or estate agent under section 9AA. New s. 28 inserted by No. 9423 s. 2(2), substituted by No. 9471 s. 7. 28 Powers of purchaser where contract in contravention of this Division s. 28 (1) Where any contract for the sale of land contains provisions in contravention of this Division— (a) those provisions shall be void and of no effect; and (b) the contract shall be voidable by the purchaser at any time before completion and any person who has paid money under the contract shall be entitled to recover it. (2) Notwithstanding paragraph (b) of subsection (1) the contract shall not be voidable by the purchaser if the Court is satisfied that the vendor has acted honestly and reasonably and ought fairly to be excused for the contravention and that the purchaser is substantially in as good a position as if all the relevant provisions of this Division had been complied with.