What applies where the area differs from the contract?
A deviation from what follows from the agreement is a defect in the property. The buyer may claim a price reduction and, where the defect is material, rescind within one year of possession.
What the source says
- Chapter 4 section 19 of the Land Code: the property shall conform to what follows from the agreement.
- Chapter 4 section 19: the buyer may reduce the price or rescind where the defect is material.
- Chapter 4 section 12: rescission for a material defect must occur within one year of possession.
Source rows
For the owner, landlord or seller
State the source of the area in the contract, a registry figure binds differently from an approximate one.
For the tenant, buyer or client
Complain within a reasonable time of discovery and document the measurement.
Next step
Read area deviation together with the duty to inspect, it decides what you could have discovered.
The page states what the source says under the stated conditions. It is not advice in an individual matter.
Next step
Three ways to put the register to work in your own practice.
Start with your task
Litigation
Find support in a judgment
Search guiding decisions, see what became final and follow changes in the law.
In-house, deals
Map the rules in a transaction
Move from theme to act and on to the article that carries the duty.
Compliance
Assess the risk in a process
Risk scoring per legal area, with the sources behind every score.