The Property and Stock Agents Act 2002 sets out the rule that a real estate agent must not induce any person to enter into a contract or arrangement where they fail to disclose a ‘material fact’ of any kind prescribed by the Property and Stock Agents Regulation 2014, which the agent knows or reasonably ought to know. 

As of 1 September 2021, the Regulation now prescribes that if any one or more of either (i) a building work rectification order, (ii) a prohibition order, or (iii) a stop work order, is in force in relation to the property, then this will automatically be deemed to be a ‘material fact’ per s 54(1)(h) of the Regulation. 

The meanings of the orders set out above are defined in the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020

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