In Victoria, a purchaser discovers after settlement that the vendor and agent knowingly concealed a major structural defect. Under which legislation can the purchaser seek remedies?
Correct Answer
C) The Australian Consumer Law for misleading conduct, and common law claims such as deceit.
Knowingly concealing a major defect can be misleading or deceptive conduct under the Australian Consumer Law, which applies to the agent acting in trade or commerce; silence can mislead where there is a reasonable expectation of disclosure. A vendor and agent who deliberately hide a known defect may also be liable at common law for deceit (fraudulent misrepresentation). The Sale of Land Act 1962 vendor statement rules mainly give rescission rights before settlement.
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