So it's a case of hush hush- don't mention any issues which are not visible on a physical inspection but relate to legal title. Put it on the plan under 4 pages of the contract so no one will notice it? What about foreign buyers (them there Chinese buying everything) who don't understand it? Tough titties- they were only foreigners anyway?I would have thought that if you're buying the house the information you require would be in the required documentationIn the perfect world...yes and that you wouldn't rely on the agent for your due diligence No, but I rely on the agent for the basics-including property description, easements etc. Last time I checked the agent represents the seller not the purchaser True- so the agent is open to the same questions I would ask the seller. If the agent lied to you then I agree OK- but what about where the agent is silent on a salient feature. It's not the agent's place to warn about the idiot neighbour from hell you get when buying the property- but it is the agent's role to disclose the legalswith you however if you did it to be mischievousWhat is mischievous about this. Seller chose to go by auction (and not private treaty) which in my view means they open themselves up for this. Is it mischievous to draw the matter to all prospective buyers- so that they are on a level playing field? You mention "due diligence" but many inexperienced buyers rely on the agent. If a buyer was unaware of an easement and buys I take it your view is then ha ha sucked in wooden duck then I certainly don't.
Did you ask the agent during the course of the campaign about an easement? What relevance?. Is there a rule not to ask about it during an auction?
...And I'll all due respect, a lot houses in Melbourne have easements on them and the agent certainly doesn't tell the buyer about them, it's clearly stipulated on the title diagram.
I gotta ask: has anyone who has purchased through such a "hush hush" agent where there was an easement not bought to their attention ever listed the property for sale through the same agent after? I suppose it depends whether the agent is in it for the long term or the quick buck.