Van Doren Legal
Cases

Property & agents

Real estate agent liability after hidden defect

A buyer faced repair costs after signs of a defect had not been properly addressed during the sale.

Situation

The dispute centred on what should have been disclosed, investigated and explained before completion.

Strategy

We compared sale documents, viewing notes, technical indicators and agent conduct during negotiations.

Outcome

The matter settled once the breach of care was made specific and financially measurable.

Legal core

The case turned on the interaction between the buyer's investigation duty and the agent's professional duty to communicate material information carefully.

Matter approach

Transaction review

Sale documents, viewing notes and technical indicators were reviewed together.

Duty-of-care analysis

We identified what the agent knew, should have checked and should have explained.

Value impact

Repair cost and loss of value were calculated separately to keep the settlement discussion precise.

What this case shows

Disclosure and investigation duties interact.

Agent conduct must be assessed against the full transaction.

Value loss needs a practical calculation.

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