Is mandatory disclosure an effective panacea for buyer beware?
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(Published version)
Date
2024
Authors
Waye, V.C.
Snowden, C.
Knowler, J.
Zito, P.
Burton, J.
McIntyre, J.
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Journal article
Citation
Journal of Property, Planning and Environmental Law, 2024; 16(3):218-236
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Abstract
Purpose: The purpose of this paper is to examine whether mandatory disclosure of information accompanying the sale of real estate achieves its aim of informed purchasers.
Design/methodology/approach: Using a case study approach focused on mandatory disclosure in South Australia data was collected from interviews and focus groups with key personnel in the property industry involved in the production of information required to fulfil vendors’ disclosure obligations.
Findings: The authors found that purchasers are ill-served by a long and complex form of mandatory disclosure with a short time frame that prevents the use of the information provided. Without good form design and increased digital affordances provided by the cadastral and conveyancing systems, mandatory disclosure is insufficient to ensure minimisation of information asymmetry between vendor and purchaser.
Originality/value: To the best of the authors’ knowledge, this is the first Australian qualitative study that examines the utility of mandatory vendor disclosure in real estate sales and the first to consider the impact of the digitalisation of cadastral and conveyancing systems upon the efficacy of mandatory disclosure regimes.
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Copyright 2023 Vicki Catherine Waye, Collette Snowden, Jane Knowler, Paula Zito, Jack Burton and Joe McIntyre. This article is published under the Creative Commons Attribution (CCBY4.0) licence. (http://creativecommons.org/licences/by/4.0/legalcode)