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There could be a possible defect with my apartment.
It has not yet been confirmed what is causing the problem but there is an issue with high levels of damp in some areas.
We are currently investigating, with no real help from strata. But we are keeping them informed.
My intention was to sell in the next 12 months and then this happened.
Morally we should fix the problem before we sell.
But legally?
At this stage of our lives I really don’t know if I have the energy.
So many people, tradesmen, strata etc. all want to get paid but are not actually doing anything to rectify the problem. Everybody so far has quoted on work to hide the problem. Not fix the problem!
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You are “keeping strata informed”? I think you can do a lot better than that.
Damp will almost certainly be coming from common property, which means it is the Owners Corporation’s responsibility to fix it. Write to the committee and/or the strata manager and tell them they need to investigate the problem and fix it or you will take them to NCAT who will order them to do exactly that.
Or, if the block is less than six years old, the builder or developer should fix it.
The person who shouldn’t have to fix it is the person who buys it from you. But they won’t because a cursory look at the strata records will show that you have damp in your apartment and you know about it.
Apart from anything else, Section 52A of the Conveyancing Act requires sellers to disclose all “material facts” about the property that could impact a buyer’s decision to purchase. This can include information about property damage, building defects, zoning restrictions, environmental concerns, legal encumbrances, and any past or current legal disputes related to the property.
If you don’t disclose the problems, and there is proof that you knew about them, the purchaser can rescind the contract and demand repayment, plus legal costs.
Your best bet by far would be to hire experienced strata lawyers and get them to send a letter of demand to your strata scheme, then take it from there.
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Sell it anyway. The contract of sale shows that the purchaser takes it with all faults, patent and latent. Note that the purchaser has more protection buying a handkerchief than buying your property.
As for fixing it, you could spend thousands tracing the water penetration without resolving the problem. Is the dampness worse in wet weather? If not, perhaps the damp comes from a pipe somewhere.
Sell it anyway. The contract of sale shows that the purchaser takes it with all faults, patent and latent. Note that the purchaser has more protection buying a handkerchief than buying your property.
Not according to this article, and others: https://cmlaw.com.au/unveiling-the-truth-navigating-vendor-disclosures.
The purchaser could easily prove that the vendor knew of a problem that would have affected their decision to buy.
If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.