In Western Australia, a vendor fails to disclose that the property is subject to a contaminated sites notice under environmental legislation. The purchaser discovers this after settlement. Which statement best describes the purchaser's legal position?
Correct Answer
C) The purchaser may claim damages from the vendor, or in some cases rescission
Under section 68 of the Contaminated Sites Act 2003 (WA), an owner selling land classified under the Act, or land with a contamination memorial on title, must give the buyer written disclosure in the prescribed form at least 14 days before settlement. A breach is actionable by a buyer who suffers loss, and non-disclosure may also support claims for misrepresentation or misleading conduct. Depending on the facts, the purchaser may recover damages or, in some cases, rescind.
Why This Is the Correct Answer
Failing to disclose a contaminated site classification breaches a statutory duty, so the purchaser can claim damages, and misrepresentation may in some cases support rescission.
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In Western Australia, a vendor deliberately conceals a known easement that significantly affects the property's development potential. The easement is not mentioned in the contract or disclosure documents, but is registered on title. What is the purchaser's strongest legal position?
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In states that give residential buyers a statutory cooling-off period, in which situation would it NOT apply?