Question:

Sales contract of land invalid?

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If signed up a sales contract of land in NSW and later on found there are some pages (cooling off period clause) did not attached within the contract. Is this contract still valid?

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  1. Its valid, but voidable.  By this I mean the contract is not yet cancelled nor is it in full force.  If you oficially cancel it before getting the extra pages its voided.  If they get you the extra pages first its valid.  If you close on it, its a non-issue - the closing takes precedence.  Still, if you do void it you have a tough problem in that it will be very hard for you to prove you never got the entire thing and honestly a court may find against you so even though you can technically void it - whether or not you will be able to prove it was voidable is another thing.  If however you never signed those pages (and its clear there were places to be signed that were missed then you have a much stronger case).

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