17 January 2018

Full disclosure

Sale, Purchase, Mortgage, Lease
New South Wales

Asked

Sale - Prescribed documents - Sewer diagrams

Dear Mentor,

I hope you are well. I am preparing a contract for sale of residential property. I have done an Infotrack search for the sewer service diagram which has been included in the contract. The property exchanged at auction. The purchaser has requested the internal sewer connection plan for this property. Is this something the vendor is required to provide at their cost?

Many thanks

Answered

Thanks for the question.

On 1 September 2017 the list of prescribed documents required to be annexed to the contract was amended in relation to sewerage diagrams as follows:

Diagrams from a recognised sewerage authority (if available from the authority in the ordinary course of administration) that purport to show the following:

(a) the location of any sewer lines on the land upstream of the point of connection to the authority’s sewer main (including the point of connection),

(b) the location of the authority’s sewerage infrastructure for the property downstream of the point of connection to the authority’s sewer main (including the point of connection).

In the past the diagram showing the location of the sewer mains in relation to the land was sufficient, now the location diagram to the improvements must also be attached where available.

The consequence of failing to comply with disclosure obligations is that the purchaser may rescind within 14 days of the contract.

Regards

Mentor