by Peter Mericka B.A., LL.B Real Estate Lawyer and
Qualified Practising Conveyancer
Lawyers Real Estate
While the law may not require a vendor to disclose everything about a property, in some cases failure to disclose may be interpreted as an attempt to conceal.
A vendor client was hoping to sell his unit, but the body corporate Minutes disclosed that the tenants in one of the units in the development had been creating “difficulties” for the other residents. The minutes included the observation that:
“…police have been summoned a number of times, and on two occasions they attended in flak-jackets”.The client asked as to whether the law required him to disclose this information to potential purchasers.
The answer is not a simple “Yes” or “No.”
What if it’s the property next door?
What if the police had the wrong address?
What if the units are known as “druggy flats”?
No duty to disclose, but:
If asked, answers must be truthful.
Silence can be misleading.