A buyer discovers a structural defect in a Victorian property after settlement that was not disclosed in the Section 32. What legal recourse might they have?
Correct Answer
B) They may claim damages if the vendor knew of the defect and concealed or misrepresented it.
Victoria is largely a buyer-beware state for physical defects: the Section 32 statement lists prescribed matters such as title, planning, outgoings and certain building permits, and is not a general defects report. After settlement the buyer cannot usually unwind the sale, but if the vendor knew of the defect and actively concealed it or misrepresented the property, the buyer may claim damages, for example in deceit, or under the Australian Consumer Law against an agent who misled.
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A vendor in Victoria provides a Section 32 statement that omits disclosure of a registered easement benefiting a neighbouring property. The purchaser discovers this after signing the contract but before settlement. What is the purchaser's strongest remedy?
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A buyer discovers after exchange of contracts that the property has a building defect that was not disclosed by the vendor. What is their most appropriate course of action?