Part 7Keeper’s warranty
Keeper’s warranty
76Variation of warranty
1
This section applies where warranty is—
a
as provided for in section 73 or 74,
b
granted under section 75(1)(a), (b)(i) or (4)(a), or
c
excluded under section 75(1)(b)(ii).
2
The Keeper may, if the Keeper comes to be satisfied (having regard to sufficiency of evidence as to title) that it is appropriate to do so, grant—
a
warranty as provided for in section 73,
b
less extensive warranty than as so provided, or
c
more extensive warranty than as so provided.
3
The Keeper may not, under subsection (2), grant warranty that is less extensive than the warranty which was originally provided for or granted as mentioned in subsection (1)(a) or (b).
4
For the purposes of subsection (2), the Keeper must have regard to any relevant caveat placed on the title sheet by virtue of section 67.
5
Where the Keeper grants warranty or more extensive warranty under subsection (2), the Keeper must—
a
unless the warranty granted is warranty only as provided for in section 73, give effect to the grant by entering a statement describing it on the title sheet, and
b
remove any statement previously entered under section 75(3) or (4)(b).