Conveyancing
6. Vendor Disclosure
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 11 Jul 2015
- A vendor must disclose certain information about the property by annexing prescribed documents to a contract of sale.
- Some of the most common prescribed documents required for sale of property under the Real Property Act 1900 (NSW) are listed in the following paragraphs.
- A section 149(2) certificate under the Environmental Planning and Assessment Act 1979 (NSW) must contain important information about the zoning of land on which the property stands.
- A copy of the sewerage connections diagram and sewer mains diagram indicates the location of the sewer in relation to the land.
- A copy of the certificate of title and all other necessary documents registered at the Land and Property Information (LPA) must be annexed and must include a copy of:
- the plan for the land;
- the folio of the Register; and
- all deeds or dealings creating easements, covenants or any other interest related to the land.
- If the property being sold is a strata lot or a community title lot the following documents must be included in the contract of sale:
- a property certificate for the lot and the common property;
- a copy of the strata plan that shows the lot;
- a copy of any by-laws for the strata scheme; and
- a copy of the management statement.
- If the property being sold is subject to a lease then a copy of the lease must be included in the contract of sale.
- If the vendor fails to attach any of the prescribed documents the purchaser may rescind (revoke or cancel) the contract within 14 days after making the contract and prior to its completion.
- You need to check the relevant legislation in your state or territory as the rules are different in each jurisdiction.
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