LicensedCompliancePro lesson
Vendor Disclosure Obligations in Australia
What must be disclosed, when, and the agent's liability if it isn't.
Published 24 February 2025
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Join ProDisclosure protects everyone
Failing to disclose a material fact can void a sale and expose both vendor and agent to penalties. Treat disclosure as risk management.
What typically must be disclosed
- Known material defects and structural issues.
- Easements, encumbrances, and zoning matters.
- Anything a reasonable buyer would consider significant.
The agent's exposure
Agents can be liable for misleading conduct even when repeating a vendor's claim. If you are unsure, verify or stay silent.
Practical tip: Never guess. If a vendor makes a claim you cannot verify, don't repeat it in marketing.
Summary
- Disclosure is risk management, not a formality.
- Material facts and legal encumbrances must be disclosed.
- Agents can be liable for repeating unverified claims.