covenants and eastments
 

Can anyone throw some light ?? Do real estate agents have to tell you about Covenants and Easements before you sign into a contract to buy a house? If they haven't can you get out of the contract ?

Re: covenants and eastments
 

I don't think the estate agents have to tell you, but here in Victoria as a vendor you have to declare anything like that in a 'Section 32' statement which you sign. I'm pretty sure if you make a false declaration the buyer would have to be compensated in some way....but not 100% sure and not sure whether they could pull out of the contract on the strength of a false statement.

Are you in this position?

Re: covenants and eastments
 

your solicitor should point all of these out as solicitors prepare/approve contracts, not estate agents. if youve signed up already and your solicitor hasnt informed you of relevant easements and covenants he has acted negligently.

Re: covenants and eastments
 

Ahhhhh... didnt realise you were on the other side!!!! in which case i havent a clue!! :o

Re: covenants and eastments
 

thanks anyway ;)

Re: covenants and eastments
 

Real Estate Agents should disclose everything that they know.

See this story where one of the LJ Hooker agencies didn't. Story End result: "The national director of business operations at L.J. Hooker, Michael Davoren, said the the Lin family should be repaid their deposit, the Gonzales estate compensated for any loss and the agents could lose their franchise contract."

Not quite the same thing, but an indication.

Re: covenants and eastments
 

yikes!!!! but for covs and easements estate agents dont have sight of the deeds do they? unless they are given the opportunity to examine the deeds they wont know about covs and easements unless of course vendor discloses the same ....???

is the conveyancing system basically the same as UK? (legal secretary hopefully looking for a job at some stage ;) !!!!)

Re: covenants and eastments
 

Covenants are often not bound (developers couldnt be bothered and/or werent prepared to spend the extra $$) to the property and can be a bluff to ensure minimum standards in a sub-division. Your solicitor should be able to tell you. If you are buy bare land 'second time' around ie bought-sold and you werent told you are not bound by the covenenant. Call their bluff and go and build a timber pole home!!. :D

Easements should be shown on the Registered Plan (RP) or similar name held by the State government. If it is new land, it should be shown on the site plans or RP's if the agent refers to them, for informational purposes.

WW

Re: covenants and eastments
 

WOW. fascinating stuff. thanks :) almost makes me want to go back to work when we get over there. almost ;)

Re: covenants and eastments
 

Thanks For That Info,

Re: covenants and eastments
 

In Queensland if you sign a contract and are not advised of the covenant and easements at the time you are then allowed to back out of the contract as you were not aware of them and entered into it without all the facts.

If your solicitor finds any that were not included in the contract then they should advise you of that.