s. 137B (3) A contract entered into in contravention of subsection (2) is not void by reason only of the contravention but is voidable at the option of the purchaser at any time before completion of the contract. (4) A person who enters into a major domestic S. 137B(4) amended by building contract with a builder for the Nos 17/1999 construction of more than 4 homes may, with the s. 22(3), 35/2000 s. 42, consent of the builder, apply in writing to the 30/2003 Director of Consumer Affairs Victoria within the s. 82(1), 21/2012 meaning of the Australian Consumer Law and s. 239(Sch. 6 Fair Trading Act 2012 to exempt the builder item 5.1). from the requirement to be covered by the required insurance in respect of that building work. (5) If, on an application under subsection (4), the S. 137B(5) amended by Director of Consumer Affairs Victoria, in writing, Nos 17/1999 exempts a builder from the requirement to be s. 22(4), 35/2000 s. 42, covered by insurance in respect of building 30/2003 work— s. 82(1). (a) the builder is not required to be covered by the required insurance in respect of that building work; and (b) this section (except subsection (2)(a)) applies to the sale of a home constructed under that major domestic building contract. (5AA) A reference in subsection (2) to a person who S. 137B(5AA) inserted by constructs a building includes a reference to— No. 36/2008 s. 3(1). (a) a mortgagee in possession of the land on which the building is situated; and (b) an executor or administrator of the estate of the person who constructed the building. (5AAB) A mortgagee, executor or administrator referred to S. 137B (5AAB) in subsection (5AA) may rely on anything which inserted by was done by the person who constructed the No. 36/2008 s. 3(1). building under subsection (2)(a) in the 6 months
(3) A contract entered into in contravention of subsection (2) is not void by reason only of the contravention but is voidable at the option of the purchaser at any time before completion of the contract. S. 137B(4) amended by Nos 17/1999 s. 22(3), 35/2000 s. 42, 30/2003 s. 82(1), 21/2012 s. 239(Sch. 6 item 5.1). (4) A person who enters into a major domestic building contract with a builder for the construction of more than 4 homes may, with the consent of the builder, apply in writing to the Director of Consumer Affairs Victoria within the meaning of the Australian Consumer Law and Fair Trading Act 2012 to exempt the builder from the requirement to be covered by the required insurance in respect of that building work. S. 137B(5) amended by Nos 17/1999 s. 22(4), 35/2000 s. 42, 30/2003 s. 82(1). (5) If, on an application under subsection (4), the Director of Consumer Affairs Victoria, in writing, exempts a builder from the requirement to be covered by insurance in respect of building work— (a) the builder is not required to be covered by the required insurance in respect of that building work; and s. 137B (b) this section (except subsection (2)(a)) applies to the sale of a home constructed under that major domestic building contract. S. 137B(5AA) inserted by No. 36/2008 s. 3(1). (5AA) A reference in subsection (2) to a person who constructs a building includes a reference to— (a) a mortgagee in possession of the land on which the building is situated; and (b) an executor or administrator of the estate of the person who constructed the building. S. 137B (5AAB) inserted by No. 36/2008 s. 3(1). (5AAB) A mortgagee, executor or administrator referred to in subsection (5AA) may rely on anything which was done by the person who constructed the building under subsection (2)(a) in the 6 months
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