All Topics / Legal & Accounting / Section 32 Disclosure

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  • Profile photo of niccy3768niccy3768
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    @niccy3768
    Join Date: 2014
    Post Count: 10
    March 20, 2014 - 10:57 pm

    Hi all

    I am about to put my principal residence (a one bedroom apartment) on sale.  I have a question in regards to disclosure on a section 32.  There is a planned development on the block next door.  My apartment is on the other side from the planned development.  The development will not be viewed from any windows in my apartment.  Does anyone know whether I am legally obliged to disclose this in the section 32?  My conveyancer says yes, however the flat opposite (which sold last week) did not disclose this information.  An under bidder at that auction has put an offer on the table for my apartment, but of course, wants to see the contract first. I look forward to hearing from anyone that might be able to shed some light on this topic.

    Cheers

    Niccy

    Profile photo of Jamie MooreJamie Moore
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    @jamie-m
    Join Date: 2010
    Post Count: 5,069
    March 21, 2014 - 2:08 am

    Perhaps seek a second opinion from another solicitor in your state.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
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    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
    Join Date: 2003
    Post Count: 12,024
    March 23, 2014 - 12:25 pm

    Definitely seek alternative advice from another Solicitor.

    Getting it wrong and not disclosing where you should have you may effect the potential sale.

    In Vic we use Harwood Andrews and can highly recommend them.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

    Profile photo of niccy3768niccy3768
    Participant
    @niccy3768
    Join Date: 2014
    Post Count: 10
    March 23, 2014 - 8:31 pm

    Thanks Jamie.  

    Profile photo of niccy3768niccy3768
    Participant
    @niccy3768
    Join Date: 2014
    Post Count: 10
    March 23, 2014 - 8:32 pm

    Thank you Richard.

    Profile photo of thecrestthecrest
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    @thecrest
    Join Date: 2004
    Post Count: 992
    March 23, 2014 - 9:54 pm

    If it's not going to materially affect your property or the ability of a prospective new occupant to enjoy the peace and quiet of the premises, if there's no downside with that information, why wouldn't you disclose?

    Cheers

    thecrest

    thecrest | Tony Neale - Statewide Motel Brokers
    http://www.statewidemotelbrokers.com.au
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    selling motels in NSW

Viewing 6 posts - 1 through 6 (of 6 total)

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