Disclosure and warranties in residential property transactions

Sellers of residential real estate must give statutory warranties about the property they are selling and include certain disclosure documents in the contract. The disclosure and warranty requirements are found in the Conveyancing (Sale of Land) Regulation 2017 (effective 1 September 2017). Despite these obligations however, certain matters affecting the property are not covered by the legislation or may not be apparent in the disclosure material. These will need to be investigated through the buyer’s own enquiries. This article outlines a seller’s disclosure and warranty obligations and identifies some ‘gaps’ that may need further consideration by a purchaser. This information is general only and you should obtain legal advice relevant to your individual circumstances. Disclosure requirements