This article will trace the evolution of the common law concept of caveat emptor where a vendor only had to disclose latent defects in title whether or not known to the vendor, to the constraints now placed on vendors via their obligations pursuant to s 52A of the Conveyancing Act 1919 (NSW) and s 18 of the Australian Consumer Law, previously s 52 of the Trade Practices Act 1974 (Cth) and s 42 of the Fair Trading Act 1987 (NSW). It will also discuss the remedies that are available to a purchaser when these obligations of disclosure are not met by the vendor by looking at recent case law.
The article can be downloaded here
