The case in WA is a bit concerning as we also have a “Mr Pratt” in residence in our strata. There have been a number of disputes with this owner over several decades where they have harassed residents, posted incoherent/rambling defamatory notes via email to owners or left notes on doors and the strata notice board. This individual is also been suspected to smear peoples washing with excrement and throw such material on residents balconies. Much of this is behavior is documented in strata records and therefore is (regrettably) searchable by a prospective buyer. Before I purchased some years ago my lawyer did a search of the strata records and noted some disputes regarding this individual. The extent of the behavior did not become apparent to me until some time after I moved in. My question is, would that fact that there are such records with our strata satisfy the requirement to disclose. Do the particulars of the WA case apply in N.S.W in such that is there such a clause as sighted by the judge that is included in most NSW sales agreements?
Clause 10.2 of the General Conditions relevantly provides:
Representation and Warranty
Except to the extent disclosed in writing by the Seller to the Buyer before the Contract Date, or as otherwise specified in the Contract, the Seller represents and warrants to the Buyer at the Contract Date and at the date of Settlement as follows.
…
(c) Except for anything:
(1) apparent on an inspection of the Strata Lot and the parcel of which it forms part; or
(2) registered or recorded on the Strata Plan; or
(3) specified in the Strata Company by-laws,
the Seller does not know of anything which will materially affect the Buyer’s use or enjoyment of the Strata Lot or of the common property comprised in the Strata Scheme. (emphasis added)