Disclosure of any defects that become apparent in the sale process is required by law. It is not enough for an agent to simply say that there are conflicting reports on the property. That is not the same thing as what the law requires, which is that agents must disclose defects that they know about. Quite often conflicting reports are the one being supplied by the agent and one that was made for a prospective buyer that identified a big issue or two.

We recently looked at a home with leaking internal gutters and damage going all the way down the walls below. This home is going to need framing replacement and some recladding, as well as having the roof gutters re-formed to create appropriate slope. Because the new owners would be making leak repairs, a building consent is required. This is all quite substantial work for a new homeowner to take on unless they allowed for those repairs in their purchasing decision. Considering past performance failures with this home, a building consent may require upgrading to current standards. The vendor report being supplied to prospective purchasers missed the roof leaks.

Disclosure of defects required by law for agents