The question this week is:

"Can a Contract for Residential Lots in a Community Titles Scheme be legally binding if no BCCM Disclosure Statement is included in the documentation, allowing for the following

1. A special condition is included requiring the Seller to provide the required Body Corporate Information within a specified period of time, and

2. The Buyer is willing to purchase the Unit without the BCCM Disclosure Statement being included in the original documentation.".

The answer is - that the disclosure requirements in the Body Corporate and Community Management Act 1997  are fixed.  It is not possible to contract out of those requirements.

Section 206(7) of the Act states that the Buyer may cancel at any time before settlement, if the disclosure requirements are not met.

The disclosure requirements are:

1. A statement must be given containing the information described in the Act - section 206(1) & (2).

2. The statemnet must be substantially complete - section 206(4).

3. The statement must be signed by the seller, or a person authorised by the seller to sign - section 206(3).

4. The statement must be the second document to a contract (after the form 30c) - except in the case of an auction sale under the hammer in which case it must be the top document (no form 30c is required) - section 206(5) & (6).