Postponement of passing of risk to purchaser
(1) The risk in respect of damage to land shall not pass to the purchaser under a contract for the sale of the land until— (a) the completion of the sale, or (b) the time stipulated by the parties to the contract, being a time after the purchaser enters into, or is entitled to enter into, possession of the land, whichever first occurs. (2) The reference in subsection (1) to possession of land includes a reference to— (a) the occupation of the land (whether pursuant to a licence or otherwise) pending completion of the sale of the land, and (b) the receipt of income from the land.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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