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Consumer ProtectionSAMEDIUM

What consumer protection applies when a property in SA is sold with a building defect that was not disclosed?

Correct Answer

B) The buyer may have claims under the Australian Consumer Law for misleading conduct, breach of contract, and potentially under the Building Work Contractors Act 1995 if the defect relates to recent building work

A buyer who discovers undisclosed defects may have multiple remedies: claims for misleading conduct under the Australian Consumer Law, breach of contract, claims under the Building Work Contractors Act 1995 for defective building work, and statutory warranty claims.

Answer Options
A
The buyer has no recourse once settlement has occurred
B
The buyer may have claims under the Australian Consumer Law for misleading conduct, breach of contract, and potentially under the Building Work Contractors Act 1995 if the defect relates to recent building work
C
Only the building inspector is liable
D
The agent is automatically liable for all repair costs

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Related Topics & Key Terms

Key Terms:

undisclosed building defectBuilding Work Contractors Actmultiple remedies
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