Statutory Disclosure

Section 52A of the Conveyancing Act 1919 and the Conveyancing (Sale of Land) Regulation 2005 put an obligation on the vendor to disclose prescribed information about the property (Being Statutory Disclosure).

Disclosure is sharing information and facts about a property between the vendor and the purchaser. This includes information that wouldn’t ordinarily be known under normal circumstances. This information is often referred to as material fact and is simply letting all of the interested parties know of information that can impact the buying or selling of a property.

Deciding what should be disclosed and what should can be a bit of a grey area. There are a number of important statutory disclosure requirements that are to be included into a marketing contract by the seller and failure to comply with these requirements could lead to the sale being annulled or damages being paid to the buyer, or both. The main requirements are hidden/latent defects, easements or rights of way, tenancies, approvals etc.

Details that are generally not required to be disclosed are ones that are not relevant to the actual property. A dispute with you neighbour over a barking dog that was resolved years ago or a recent family tragedy that has lead you to sell are things that you legally do not need to disclose.

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Maree Abbott
Maree Abbott
2021-05-24T13:57:25+0000
James, was excellent, always informative about what was going on with our house... purchasing. He certainly knows the laws and was very helpful. He far exceeded what was expected. I would recommend Page conveying 200 per cent.read more
Glenda Edwards
Glenda Edwards
2021-03-09T21:25:16+0000
excellent communication and always there if needed for any queries
Sharon Allen
Sharon Allen
2021-01-25T00:06:56+0000
Thanks James & the team from Page Conveyancing.
Casey Dwyer
Casey Dwyer
2020-11-08T05:46:49+0000
Our first time selling a property, James made the process easy and stress free. I would... definitely use again and recommend to all my friends and family.read more
Louise Lashlie
Louise Lashlie
2020-11-03T01:48:26+0000
A very professional service. Great communication and very friendly. I would highly... recommend Page Conveyancing.read more

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