It is often said that honesty is the best policy. When selling a property in New South Wales, it can also be one of the strongest protections available to a seller. While many people are familiar with the phrase caveat emptor — meaning “buyer beware” — this does not allow a vendor to conceal significant issues affecting a property. Today’s buyers are conducting more due diligence than ever before, ordering building inspections, pest reports and land surveys prior to settlement. The last thing any seller wants is an unexpected issue jeopardising a sale.
Problems can arise where there are unapproved building works, outstanding council notices, boundary encroachments or structures built without the necessary approvals. An unapproved deck, a garage conversion completed without certification, or a fence extending onto a neighbour’s property may appear minor. However, these issues can quickly become major obstacles when discovered during the sale process.
The good news is that many of these risks can be managed through proper disclosure and careful contract preparation. Identifying concerns early allows all parties to understand exactly what is being purchased and helps reduce the likelihood of disputes later. Transparency creates confidence, and confidence helps keep transactions moving smoothly.
Common Property Issues That Should Be Disclosed
| Issue | Possible Consequence |
| Unapproved Building Works | May require retrospective approval or rectification |
| Outstanding Council Orders | Can create ongoing compliance obligations |
| Boundary Encroachments | May affect ownership rights and future development |
| Unauthorised Renovations | Could lead to legal or certification issues like Building Information Certificate. |
| Easement Disputes | May restrict the use of part of the property |
| Drainage or Sewer Issues | Can affect future development and maintenance |
| Boundary Disputes with Neighbours | May require surveys or legal clarification |
From a sales perspective, early disclosure can actually strengthen a transaction. Buyers are often more comfortable proceeding when potential issues are disclosed upfront rather than discovered after exchange. Clear communication allows purchasers to properly assess the property and make informed decisions. This can reduce the risk of delays, renegotiations and contract disputes.
A carefully prepared contract can also address known issues through appropriate clauses and disclosures. By ensuring relevant matters are clearly documented, sellers can minimise uncertainty and help avoid future disagreements. Every property has a history, and bringing important information to light early often leads to a smoother and more successful settlement.
Flash Conveyancing Advice
If your property has any unusual features or known issues, disclose them early. A simple conversation before listing can save significant time, money and stress later. Being upfront today may prevent costly disputes tomorrow.
Julian and Renee from Flash Conveyancing understand that successful property sales are built on transparency, preparation and attention to detail. With extensive experience across the Blacktown, Hawkesbury, Blue Mountains, The Hills, Hornsby and Parramatta council areas, they help sellers identify potential risks before they become settlement problems. Whether you’re selling in Acacia Gardens, Angus, Arndell Park, Blacktown, Colebee, Glendenning, Glenwood, Grantham Farm, Kellyville Ridge, Kings Langley, Marsden Park, Melonba, Oakhurst, Parklea, Quakers Hill, Riverstone, Schofields, Seven Hills, Stanhope Gardens, Tallawong, The Ponds, Baulkham Hills, Beaumont Hills, Bella Vista, Castle Hill, Kellyville, Kenthurst, North Rocks, Northmead, Rouse Hill, Vineyard, Windsor, Annangrove, Box Hill, Cattai, Dural, Gables, Galston, Glenhaven, Glenorie, Maraylya, Middle Dural, Nelson, North Kellyville, Norwest or Winston Hills, Julian and Renee provide personalised service, detailed contract preparation and practical guidance to help ensure your sale proceeds smoothly from listing to settlement. In many cases, a successful transaction is not simply about finding the right buyer — it starts with revealing the right information from the very beginning.
