South Australia - Vendor Disclosure

The Land and Business (Sale and Conveyancing) Act 1994 (SA) provides that at least 10 days before settlement the vendor must serve on the purchaser a statement in the form prescribed by regulation setting
out:
• the rights of the purchaser under section 5 (in relation to cooling off periods);
• details of all mortgages, charges and prescribed encumbrances affecting the land;
• if the vendor has obtained title within the last 12 months, all transactions involving transfer of title in that period; and
• any prescribed matters.

For the purposes of vendor disclosure, this last point is of the most operative effect, as the forms prescribed by the regulations are of a very detailed nature, essentially requiring the vendor to disclose any matter affecting, presently or prospectively, title to, or possession or enjoyment of the land.

Where a vendor makes a defective statement in relation to one of these matters that prejudices the purchaser, the purchaser may apply to the court for an order declaring the contract void and/or awarding damages or making any other order that is just in the circumstances. Furthermore, failing to comply with these disclosure requirements constitutes an offence punishable by a fine of up to $2,500. It is a defence in criminal or civil proceedings if:
• the alleged contravention was unintentional and did not result from negligence;
• the alleged contravention was due to reliance on information received from a person or body whom the vendor was required to obtain the information from under the regulations; or
• the purchaser waived compliance with the matter in question after obtaining legal advice on the issue.

The Act also specifically provides that it does not affect the existence of any other civil remedies.

Source Tasmania Law Reform Report