DOES A VENDOR HAVE TO DISCLOSE COMPLIANCE DETAILS OF A SWIMMING POOL/SPA?
Amy Easton
Licensed Conveyancer - General Manager at Sargeants Bass Coast and Southern Peninsula Conveyancing
Currently, there is no requirement under the new Building Amendment (Swimming Pool and Spa) Regulations 2019 or Section 32 of the Sale of Land Act in Victoria for vendors to disclose whether their pool/spa has a compliance certificate when selling their property.
HOWEVER – recently, the courts have ruled favourably upon a purchaser in conveyancing disputes by applying Australian Consumer Law of misleading and deceptive conduct. Australian Consumer Law prohibits false or misleading representations about the sale of land.
Property Law Committee member Peter Lowenstern of the Law Institute of Victoria explains that, "There is a risk the vendor sale could be put in jeopardy if the purchaser wants to rescind the contract because they believe they have been misled regarding the compliance status of a pool”.
PRACTICAL TIPS FOR PRACTITIONERS WHEN ACTING FOR A VENDOR
If a vendor at the time of listing their property for sale has a pool or spa that does not comply with the regulations, then instructions should be sought from the vendor about including an appropriate special condition disclosing the non-compliance and addressing which party is responsible for bringing the pool into a compliant state.
Amy Easton - Licensed Conveyancer
If you require more information, please contact Sargeants Bass Coast Conveyancing.