SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD).
(b) If the Seller shall fail to show or make good title to the Property hereby sold or any part of it, the Buyer shall have no right, power or remedy against the Seller in respect thereof, any rule of law or equity or any provision hereof to the contrary. Nothing in this Special Condition shall abrogate any right of the Buyer to recover the deposit or any other moneys paid hereunder on account of the purchase price if lawfully terminated.
(c) In the event of an Order or Decree of a Court of competent jurisdiction being made against the Seller which takes effect as an interim injunction restraining the Seller in any way in the performance of this Contract or a Caveat forbidding registration of the transfer referred to in Special Condition 3 hereof being lodged or if the Seller is restricted or prohibited by any means whatsoever in giving title to the Property or in effecting settlement in accordance with the terms hereof:
(i) THEN the Seller may, at its absolute option, by notice in writing to the Buyer extend the time for completion of this Contract by such period or periods of time as the Seller may reasonably require in all the circumstances, not being more than ninety (90) days (in aggregate), to give title to the Property or in effecting settlement,
(ii) PROVIDED THAT if the Seller shall not be able to give title to the Property or effect settlement hereunder in such extended period or periods of time,
(iii) THEN either party may at its option by notice in writing to the other party terminate this Contract in which event all deposit and other moneys received by the Seller or the Deposit Holder on account of the purchase price together with interest accrued thereon (if any) shall be refunded to the Buyer by the Seller or the Deposit Holder as the case may be and the Seller shall hereby be released from all or any of its obligations to the Buyer arising from or in relation to the signing of this Contract,
(iv) AND the Buyer agrees and acknowledges that it shall not be entitled to make any claim or bring any action for damages, compensation, account or seek to enforce any other remedies at law or in equity by reason of the Seller's inability to pass title to the Property at settlement or otherwise under this Contract.
(d) The Land is sold to the Buyer subject to t...
SELLER'S TITLE TO SELL AND RESERVATIONS. (a) The Seller hereby represents to the Buyer that the Seller is a local government selling in exercise of its statutory rights under and by virtue of the Local Government Regulation 2012 (QLD).
