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WA Property Law - What Does "Use of Property is Lawful" Mean?

Discussion in 'Property Law Forum' started by Ash, 10 September 2015.

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  1. Ash

    Ash Well-Known Member

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    I was wondering if anyone could let me know under the Conditions for the Sale of Land when the seller warrants "use of property is lawful", what would this relate? For example if an alfresco area or pergola was unapproved by council, would this mean the use of this part of the property is unlawful?

    If so what is the depth of the requirement of the seller under Property Law to complete their due diligence and warrant this? For example, is it sufficient for the real estate agent to just say "to the best of the sellers' knowledge" and this is sufficient for the seller to warrant the use is lawful. (Not sure if this wording is quite 100% correct but hopefully you understand what I am asking)
     
    #1 Ash, 10 September 2015
  2. Amanda E

    Amanda E Well-Known Member

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    Without reading the contract in full and understanding the nature of the property, etc, I would only speculate that unless the rest of the clause includes "to the best of the seller's knowledge" that you would be liable if "use of property is unlawful". Double check with your property lawyer or conveyancer, better to be clear than to invite disputes later.
     
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    #2 Amanda E, 16 September 2015
  3. Ash

    Ash Well-Known Member

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    The wording is in the standard conditions of sale used for all WA residential sales. There is no to the best of the sellers knowledge.

    Didnt understand the phrase on the hook..
     
    #3 Ash, 16 September 2015
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