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its an auction so potentially there could be a bidder who rocks up on the day and buys without knowing these details (and it does happen). So i guess from the vendors point of view, it is worth a try.

Yes it is something we want to get rid of, but we are trying to figure out the motives for having it in there in the first place and our options if for whatever reason they refuse to get rid of it. Unfortunately, we have to assume that it is dodgy unless proven otherwise by the Vendor.

I am in NSW and the property contract has the following special condition in it (it is one long sentence): Notwithstanding any other provision in this Contract, the Purchaser states that the Property is not new, and at completion will be residential premises to be used solely for residential...