As of 15 August 2016, real estate agents must record details of certain property reports if they are aware of them or can reasonably find out about them, allowing home buyers to access pre-purchase property inspection reports in an easier and more cost effective manner. Agents are only required to make a once off disclosure at the time when a prospective buyer asks for a copy of the sale contract. There is no obligation to provide the information if no sale contract is requested, or if reports are created subsequent to providing the sale contract.
The reports included under this requirement are:
- building inspections;
- pest inspections;
- inspection of documents for the property (under sextion 108 of the Strata Schemes Management Act 1996);
- financial matters certificate (under section 109 of the Strata Schemes Management Act 1996); and
- inspection of documents for the property (under section 26 of the Community Land Management Act 1989).
Property owners are not required to tell the agent selling their home whether any of these reports have already been prepared or completed for their property and are not required to obtain the reports. As vendors are not obliged to provide this information to their agents, if an agent has sought the information and a vendor refuses to provide it, the agent is considered to have made a reasonable attempt to obtain those details.