A buyer in WA discovers after settlement that the seller failed to disclose a known structural defect. Under WA law, what remedy might the buyer pursue?
Correct Answer
B) The buyer may seek rescission or damages for misleading or deceptive conduct under the Australian Consumer Law
While caveat emptor (buyer beware) generally applies in WA property transactions, a seller who actively conceals or fails to disclose a known material defect may be liable for misleading or deceptive conduct under the Australian Consumer Law. The buyer may seek rescission of the contract or damages.
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