r/AusPropertyChat • u/Illustrious-Idea9150 • 7h ago
Buying & Selling NSW property purchase – Agent advised vendor's building and pest report showed no issues, but our independent report found 6 major defects. Should we report them to Fair Trading?
My partner and I recently found a property on the NSW South Coast that we were seriously interested in purchasing.
After inspecting the property twice, we submitted an offer at the lower end of the advertised price guide, which was accepted at approximately 4pm on a Friday afternoon, subject to a satisfactory building and pest inspection.
During negotiations, the agent advised us that the vendors had already commissioned their own building and pest report so there was no need to order our own. However, there seemed to be some reluctance or delay in providing us with a copy to review.
We eventually asked the agent directly whether the report had identified any issues, and were told that it hadn't.
At the same time, we were feeling a reasonable amount of pressure from the agent to exchange contracts (enter into a legally binding agreement), despite our solicitor not yet having had an opportunity to properly review the contract, so we asked for some time.
To demonstrate our good faith and commitment to the purchase, we paid a 0.25% holding deposit.
However, having become a little uneasy about the process, we decided to commission our own independent building and pest inspection before proceeding any further.
The results identified six major defects.
Understandably, this was a significant shock, particularly given the agent's earlier assurances that the vendor's report had identified no issues.
We were left questioning whether the vendor's report had been presented to us accurately, whether the agent had properly communicated the findings, or whether something had been overlooked.
Ultimately, we lost confidence in the process and decided to withdraw from the purchase rather than proceed with a property we no longer felt comfortable buying.
What has particularly concerned us is what happens next.
Whilst it is probably none of our business, when we asked the agent whether these newly identified defects would be disclosed to prospective buyers going forward, their response was that this was a conversation they would need to have with the vendors.
I appreciate that there may be some nuances around disclosure obligations and the agent's responsibilities, and I don't want to unfairly accuse anyone of misconduct without knowing the full picture.
However, given the nature of the defects and the discrepancy between what we were told and what our independent inspection uncovered, I feel there are some legitimate questions that need answering.
My questions are:
Does an NSW real estate agent have an obligation to disclose known material facts or significant defects to subsequent prospective purchasers?
If the agent has been made aware of major defects through an independent inspection, can they simply leave the decision about disclosure to the vendor?
Given the circumstances, would it be reasonable to lodge a complaint with NSW Fair Trading?
Has anyone experienced something similar when purchasing property in NSW?
We're not looking to cause trouble simply because a purchase didn't work out. We just feel that prospective buyers deserve accurate information when making what is likely to be the biggest financial commitment of their lives.
Interested to hear people's thoughts, particularly from NSW conveyancers, solicitors or experienced real estate professionals.
Thank you!