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Recorded Webinars

Recorded Webinar: Vendor Property Disclosure Obligations (NSW): Has the Pendulum Swung too Far?

From the previous position of caveat emptor, the pendulum has swung heavily the other way since the greater recognition of consumer rights. The disclosure obligations on property vendors and their agents are significant and failures carry heavy penalties and consequences. This ses
PRESENTED BY Philipa Thomson Special Counsel - Clayton Utz , Sydney
PRESENTED BY Shameela Karunakaran Special Counsel - Clayton Utz , Sydney

Date/Time

About the Webinar

From the previous position of caveat emptor, the pendulum has swung heavily the other way since the greater recognition of consumer rights. The disclosure obligations on property vendors and their agents are significant and failures carry heavy penalties and consequences. This session will examine the current state of the law and case examples, including:

  • The reach of the Australian Consumer Law and NSW fair trading laws to property purchases
  • Spotlight on unfair contract reforms – what do the recent reforms mean for property lawyers?
  • Disclosure obligations of NSW real estate agents
  • Can vendors be liable for the acts of their agents?
  • What are “adverse affectations” in the Conveyancing Act?
  • Statutory disclosure requirements for off the plan contracts
  • Remedies of the vendor for the misrepresentation of their agent or professional adviser
  • Steps to take on becoming aware of a misrepresentation
  • Can contractual warranties about inspection and satisfaction put the onus back on the purchaser?
  • Cases including Ripani v Century Legend Pty Ltd  [2022] FCA 242; Thillagaratnam v Doan [2022] WASC 185; Hyden v McGrath Sales Pty Ltd (2018) NSW ConvR 56-390; Williams v Pisano [2015} NSWCA 177; Bullabidgee Pty Ltd v McCleary [2010] NSWSC 145

Presented By

Philipa Thomson
Special Counsel, Clayton Utz Sydney, NSW
Shameela Karunakaran
Special Counsel, Clayton Utz Sydney, NSW

Who Should Attend?

This webinar is suitable for lawyers practising in property law in NSW. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Lawyers can claim up to 0.5 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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