Home Building Act 1989 No 147
16DBB Person may rescind kit home contract if cooling-off
warning not given
(1) This section applies to a contract for the supply of a kit home to
which section 16DBA applies.
(2) If a contract does not contain a statement relating to the
cooling-off period and a person’s rights under section 16DBA (as
required by section 16D (2) (f)), a person (other than the kit home supplier)
may, by notice in writing, rescind the contract within 7 days of becoming
aware that the contract should have contained such a
(3) The notice must state that the person rescinds the contract and
must be given:
(a) to the kit home supplier personally, or
(b) by leaving it at the address shown in the contract as the address
of the kit home supplier, or
(c) by serving it on the kit home supplier in accordance with any
notice or service provision in the contract.
(4) The notice must be given in a form prescribed by the regulations,
if any form is prescribed.
(5) If a notice is given in accordance with this section the contract
is taken to be rescinded from the time it was signed, but subject to the
rights and obligations conferred by this section.
(6) A contract can be rescinded under this section even if work has
been done under the contract at the time of
(7) If a contract is rescinded under this section, the kit home
supplier is entitled to a reasonable price for anything done under the
contract to the date the contract is rescinded.
(8) However, a kit home supplier may not recover under subsection (7)
more than the kit home supplier would have been entitled to recover under the