PURCHASERS DEFAULT - NSW STANDARD CONTRACT

Clause 9

If the purchaser does not comply with this contract (or a notice under or relating to it) in an essential respect, the vendor can terminate by serving a notice. After the termination the vendor can -

9.1 keep or recover the deposit (to a maximum of 10% of the price);
9.2 hold any other money paid by the purchaser under this contract as security for anything recoverable under this clause -

9.2.1 for 12 months after the termination; or
9.2.2 if the vendor commences proceedings under this clause within 12 months until those proceedings are concluded; and

9.3 sue the purchaser either -

9.3.1 where the vendor has resold the property under a contract made within 12 months after the termination, to recover -

the deficiency on resale (with credit for any of the deposit kept or recovered and after allowance for any capital gains tax or goods and services tax payable on anything recovered under this clause); and

the reasonable costs and expenses arising out of the purchaser's non-compliance with this contract or the notice and of resale and of any attempted resale; or


9.3.2 to recover damages for breach of contract.