Can I sue the realestate agent?

[neK]

A REA didn't disclose something he reasonably should have known/found. As part of his duties a prudent REA would have found it and disclosed it as part of their duties in their code of conduct.

It dramatically impacted on the viability of a block because there was a road widening reservation on it which meant 3m along a 40m boundary could not be developed on. Voila 120sqm completely useless on a 788sqm block.

I don't like real estate agents at all... but how could this be the REA fault? Unless someone is looking, isn't this all part of due diligence?

Out of curiousity, for properties in NSW there is a something in the contract that actually tells you if the property is subject to road widening. Does WA not show the same thing?

 

[westminster]

I don't like real estate agents at all... but how could this be the REA fault? Unless someone is looking, isn't this all part of due diligence?

Out of curiousity, for properties in NSW there is a something in the contract that actually tells you if the property is subject to road widening. Does WA not show the same thing?

It's a 2 way street. I admit that it is now something added to my due diligence because of this but all W.A. REAs received a letter from govt Land Administration recommending they do a Property Interest Report which does show this, as part of complying with their Duties. It is something that if they know they have to disclose. The issue was how far should the REA have gone to find it out so it could be disclosed.

I'm not totally up on NSW way it's done but how does it get into the Contract? Our contract in WA is a 2 page thing which is written by the REA as such they have duties to adher to.

 

[neK]

Sounds like NSW REA are able to get away with a lot of stuff then...
But the contract is 30-50 pages depending on what needs to be included.

I'll try and dig one up and attach it here.

 

[Scott No Mates]

Out of curiousity, for properties in NSW there is a something in the contract that actually tells you if the property is subject to road widening.

Should be on the S149 Certificate

 

[neK]

Should be on the S149 Certificate

Thats what I was thinking of.

Interesting to know that WA puts that onus on the REA to research and disclose.

 

[perthguy]

Our contract in WA is a 2 page thing which is written by the REA as such they have duties to adher to.

That's not actually true. The 2 page contract includes (by reference) REIWAs Joint Form of General Conditions for the Sale of Land, which is another 20 pages of conditions. There is a copy here for anyone who is interested:

http://www.lukenass.com.au/system/assets/8667/attachments/42619/General_conditions_2011.pdf

 

[westminster]

That's not actually true. The 2 page contract includes (by reference) REIWAs Joint Form of General Conditions for the Sale of Land, which is another 20 pages of conditions. There is a copy here for anyone who is interested:

http://www.lukenass.com.au/system/assets/8667/attachments/42619/General_conditions_2011.pdf

Correct I didn't mention those. Oops. But they are set conditions for every sale.

 

[Demoivre]

Not as serious but my last purchase, the REA falsely advertised the wrong current weekly rental. He immediately was willing and had paid the difference for 12 months to my conveyancer.