Current Property Laws Landing Buyers With Dud Homes

Trish Mackie-Smith is outraged by current property law that fails to protect buyers and is petitioning the Queensland Government to make immediate changes.

With support from Kate Jones, her local MP, the Attorney General Yvette D’Ath, and the Qld Law Society, Mrs Mackie-Smith wants the law changed to protect house buyers. She wants the onus to be on the seller NOT the buyer regarding the condition of the house so the buyers knows exactly what they’re getting for their money.

“The current law is based on ‘buyer beware’, which is a fundamentally unjust law. It is astounding that it has been left untouched to wreak havoc for so long,” she said.

“This law causes immeasurable financial hardship to buyers who have no recourse if they buy a house that has defects. Many buyers do not even get building reports to save money or because they don’t think they need to. even for those buyers who do - these are only visual inspections – it is easy for dishonest sellers to cover up these issues so they are undetected.

“It is outrageous that the most important and most expensive purchase in our lives is not covered by consumer protection laws.”

Mrs Mackie-Smith, who has a background in property law and runs a building inspection company, would like see laws similar to that established in the ACT since 2003 implemented in Queensland.

“This will mean sweeping positive changes to the entire real estate industry and conveyancing law practices in Queensland.  It will have a dramatic yet necessary impact on the property industry and sub-industries in the interest of justice,” she said.

“Only in the ACT and recently in the UK have new laws replaced the Buyer Beware principle obliging the seller to disclose structural defects etc or face criminal charges.

“Why is it that you must provide a roadworthy certificate when you sell a car however when you sell a defective yet expensive house, no such warranties need to be provided?

 “The winners in this current legal loophole are the sellers (and some dishonest real-estate agents) who can get away with non-disclosure. It leads to dishonesty and unscrupulous practices so that the sale gets through regardless of the defects."

Mrs Mackie-Smith said she has seen too many innocent buyers stuck with a lemon resulting in a financial nightmare because of the outdated doctrine. “The buyers have no legal remedy against the seller for non-disclosure of structural defects,” she said.

“Examples of non-disclosure that has caused harm include poor drainage leading to toxic mould, water leaks leading to ceiling collapse, poor workmanship leading to accidents and injuries, asbestos in the walls leading to the possibility of serious illness, and cracks that are covered up.”

The changes would see only one set of reports per property (not multiple reports for multiple potential buyers). The eventual buyer then reimburses the seller for the cost of the report and the buyer can rely on the report. This saves the buyer money as they don't have to pay for a report if they do not buy.

https://www.parliament.qld.gov.au/work-of-assembly/petitions/e-petitions

ENDS