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CHANGES TO PLANNING CODE FURTHER ERODE CONSUMER RIGHTS

Tags: Shadow Ministry

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  • By Light Electoral Office
  • May 25, 2020
CHANGES TO PLANNING CODE FURTHER ERODE CONSUMER RIGHTS

Local lawyer and conveyancer, Mr Leon Budden, explaining the problems with current real estate disclosures with Local Member of Parliament, Mr Tony Piccolo.

 

The new Planning and Design Code will continue to strip away consumer rights when dealing with real estate transactions unless urgent changes are made to the reporting and disclosure requirements under the Land and Business (Sale & Conveyancing) Act 1994.

Local Member of Parliament, Mr Tony Piccolo is calling on the Marshall Liberal Government to urgently review Form 1 for selling real property to protect consumers and consider the impacts of the Planning and Design Code.

Consultation with industry suggests that an urgent independent review of Form 1 used for all property transfers is needed, and is long overdue given the imminent implementation of the Planning and Design Code.

“Given that the Planning and Design Code will replace development plans, which will be repealed, it is my understanding that the introduction of the Code will only further erode consumer rights when it comes to the purchasing of real estate,” said Mr Piccolo.

“The Form 1 has not been updated since introduction of the current format in 1994.

“Over the past 26 years the form has become lengthy, more onerous, less relevant and less understandable for both vendors and purchasers.

“The current form has not been updated to require the provision of any information in relation to the Planning, Development and Infrastructure Act 2016.”

Mr Piccolo has written to the Deputy Premier and Minister for Consumer Business Services to call for an independent review and to raise industry concerns regarding Form 1, which a vendor must provide to the purchaser when selling real property.

Due to the complexity of Form 1, many forms include inaccurate and potentially misleading information either directly, or by omission.

This is putting consumers at risk, with incorrectly completed forms creating problems in the property transaction process for vendors, real estate agents, conveyancers, councils and the purchaser.

The review must work with industry and local government to support councils to meet their obligations [under Section 7 of the Land and Business (Sale and Conveyancing Act 1994)].

Partner at Gawler based law and conveyancing firm Budden Law, Mr Leon Budden, has described Form 1 as “an incredibly difficult and complex document.”

“It is now routine for errors to be found in the Form 1, not as a result of deception or lack of professionalism, but often due to the complexity and the desire to keep the costs of production down to a minimum,” Mr Budden said.

“As a result, the Courts are often forced to preside over matters which stem from issues created by the production and serving of the Form 1, increasing costs and exposing normal South Australians to the high costs and delay of the legal system.

“Having practised in the area for many years I don't know of any conveyancer or solicitor who has not faced a legal issue arising from a Form 1.”

Mr Budden can be contacted on 8522 6829 or via email at leon@buddenlaw.com.au

 

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