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Disclosure during sale

Discussion in 'The Buying & Selling Process' started by Scott No Mates, 4th Aug, 2016.

  1. Scott No Mates

    Scott No Mates Well-Known Member

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    Interesting decision from WA against an agency as it didn't disclose sewer issues that it was aware of from management to perspective buyers.

    Linky

    @thatbum @Terry_w - although the penalty is p!$$ weak as there was no damages paid to the purchaser for the sewer works, would there have been a different outcome if the owner had used another agency for the sale who was not aware of the outstanding issues? If the vendor handled the sale themselves, would there have been a greater onus/duty of care on them for not disclosing the matters to prospective purchasers as it would otherwise been non-discoverable?
     
  2. bob shovel

    bob shovel Well-Known Member

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    Buyer beware. The buyer could have got a plumber to inspect along with the b&p

    What if it was a ppor does the owner need to disclose?

    I wonder if this came to light because the new owner had to connect to the mains and got a surprise with the bill
     
  3. thatbum

    thatbum Well-Known Member

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    Its hard to tell from the article - and I can't seem to find the actual case - but I think the offending issue was the breach of sale contract, and the agent's involvement in it being deceptive and misleading conduct.

    If there wasn't an agent involved, there vendor themselves probably wouldn't be fined, but just be liable in the normal civil way.

    Note that while it doesn't say in the article, I'm guess that's how the agent got found out in the first place - a savvy buyer probably pressed their civil contractual rights against the vendor post settlement, and was probably successful, which lead to an easier case for Consumer Protection to ping the agent involved in the sale.
     
    Perthguy likes this.