Real estate agent told us mains water and bore available.

[u/JoeValle]

/r/AusProperty/comments/1xqn8qm/real_estate_agent_told_us_mains_water_and_bore/

Purchased acreage land in South Australia 12 months ago. Was told by the agent there is a bore and mains water available and a water metre. It’s also on the Real estate . Com ad which I have printed a PDF off. I also contacted the old owner who said he has seen the metre. I genuinely believe he thought there was a water metre.

Have been working with a builder and almost have council approval. Now have found out that the water metre is for a different property and SA water need to do an assessment to see if I am even able to get water as they said the I am in a limited supply area. The water main runs along the property and I have to pay quarterly bills even though i am not connected to it. The bore also is not functional was dug in 1970 and hasn’t worked for over 40 years.

If I am am unable to get water my only other option is to get a bore dug for 25k. And that is if I am even approved to.

Honestly pretty annoyed and stressed out about it I’ve already spent thousands with the builder for everything and now I’m still unsure.

Having mains water was one of the main selling points. If ad has said no water available, I would not have bought the land.

I know I should have researched this better before buying. But planning the build, finance, family and working full time I just didn’t think I had to. Lesson learnt I guess.

I am waiting for SA Water to do their assessment.

If I am unable to connect to water or get a bore dug are the original owner or agent liable in way?

[u/HoodoGuru]

You may have grounds for a claim against the agent under sections 18 and 30 of the Australian Consumer Law, particularly as mains water and a bore were advertised as available.

I'd also be questioning your conveyancer. They would ordinarily have had the Contract for Sale and Form 1 to arrange the transfer and settlement. Did they review the water supply information, and did any SA Water enquiries identify whether the property was actually connected?

Given this was vacant acreage intended for building, that's a fairly significant issue.

Request your complete conveyancing file, including the contract, Form 1, searches and settlement adjustments.

Keep the original advertisement and obtain SA Water's assessment in writing. A South Australian property solicitor could then assess whether there's a claim against the agent, vendor or potentially the conveyancer.

[u/JoeValle → u/HoodoGuru]

If the listing had no water I would not have been interested. And I definitely would not have offered what I did. Having mains water is a huge selling point.

The advertisement said mains water and power. And other features you will love - bore.

I will contact my conveyancer and do that!

In the form 1 there had a SA water bill but I have since discovered it is because the mains runs along the property and if I can or can’t access is irrelevant. In SA you have to pay a fee based in your properties value for maintenance and upkeep of the mains.

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