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VIC Property Law on Selling Home After Suicide?

Discussion in 'Property Law Forum' started by Leigh, 14 October 2016.

  1. Leigh

    Leigh Well-Known Member

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    What is the situation in Victoria regarding the sale of a home following a suicide? Does it need to be disclosed under property law? It was not a violent or horrific death.

    Thank you.
     
  2. Rod

    Rod Well-Known Member

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    Not under property law, but under consumer law you may have to. It is a grey area and your circumstance is likely to be in the lighter shade of grey (in your favour not to disclose), but it does largely depending on the attitude of the buyers if they found out.

    Certainly don't tell the real estate agents till after you've spoken to your solicitor about it.
     
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  3. Iamthelaw

    Iamthelaw Well-Known Member

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    Questions such as this remind me of the Sef Gonzales case a number of years ago.

    The law is quite unsettled in regard to these matters, although you should be aware of Charles Lloyd Property Group Pty Ltd v Buchanan [2013] - Which is a Victorian decision. The facts are somewhat similar in that this case involved a suicide.

    In short - You have a duty to disclose it as it may well be held to be a material fact. Erring on the side of caution is best with these things. ie, disclose it.
     
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