Vendor Disclosures in NSW: What Vendors Need to Know
4th April, 2025
When selling a property in New South Wales (NSW), one important step for vendors is providing full disclosure of certain property details to potential purchasers. This disclosure ensures the transaction is transparent, smooth, and legally compliant. In this blog, we’ll explain what vendor disclosures are, when they come into play, and what vendors need to do to meet their legal obligations.
What Are Vendor Disclosures?
Vendor disclosures refer to the information that a vendor is legally required to share with a purchaser about the property. These disclosures help the purchaser understand the property’s condition, legal restrictions, and any issues that could affect its value or use. In NSW, vendors must disclose specific information before listing the property for sale.
What Needs to Be Disclosed?
Several key items must be disclosed to potential purchasers:
- Property Condition: This includes any known defects, damage, or required repairs. If there are structural issues, water leaks, or termite damage, the vendor must inform the purchaser.
- Building and Pest Inspections: While not mandatory, it is common for vendors to provide reports from independent building and pest inspections. These reports give purchasers an understanding of the property’s condition.
- Legal Encumbrances: Vendors must disclose any legal restrictions on the property. This includes easements, mortgages, or any legal disputes that may affect the property.
- Renovations or Alterations: If the property has been renovated, the vendor must disclose whether these changes were approved by the local council. Unapproved alterations could create issues for the purchaser.
- Strata Details (if applicable): For properties in a strata scheme, such as apartments or townhouses, the vendor must provide the details of the strata manager.
When Do Vendor Disclosures Happen?
Vendor disclosures come into play at the beginning of the selling process, before the property is listed for sale. Therefore, the vendor must ensure that all necessary documents are prepared before putting the property on the market. These documents will be included in the Contract for Sale of Land, which is provided to interested purchasers.
The vendor’s responsibility is to make sure the contract is accurate and that all required disclosures are included. This is done with the help of a conveyancer or solicitor, who prepares the contract and ensures all legal requirements are met.
Vendor’s Role
As a vendor, you are responsible for ensuring all necessary disclosures are made to potential purchasers. Here’s what you need to do:
- Gather the Required Documents: Work with your conveyancer or solicitor to collect all necessary documents. This includes building reports, pest inspection reports, title documents, and any information about legal encumbrances or zoning restrictions.
- Review the Contract: Your conveyancer or solicitor will prepare the Contract for Sale of Land. The contract will include all required disclosures. Make sure to carefully review it to ensure all information is accurate and complete.
- Be Honest and Transparent: It’s essential to be upfront about any issues with the property. Failing to disclose material facts could lead to legal disputes or the purchaser withdrawing from the sale.
- Ensure Compliance: Make sure the property complies with local regulations. This might include providing a swimming pool compliance certificate or certificate of compliance for any recent renovations. Your conveyancer or solicitor can assist in this process.
At Bangalow Conveyancing, we specialise in helping vendors navigate the complexities of property transactions. Conveniently, our team of experienced conveyancers and solicitors can ensure that all necessary disclosures are made and that you meet your legal obligations during the selling process.
If you’re thinking of selling your property, contact us today to discuss how we can assist with your vendor disclosures and help you prepare for a smooth, hassle-free sale.
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