Question

You act for the purchasers of a residential property in NSW. Contracts have been exchanged. Your clients instruct you to obtain a survey and a building information certificate from the local council. The council issues the certificate, but at the same time, makes an order requiring part of the guttering to be replaced, as that part of the existing guttering is discharging water onto adjoining land.

Does the purchaser have any rights under the s 52A of theConveyancing Act 1919andConveyancing (Sale of Land) Regulation 2017in relation to the order?

Which of the following answers best describes the response you should provide? Select one answer only.

Group of answer choices

a. Yes, it is an adverse affectation, and the purchaser can rescind providing certain conditions are met.

b. Yes, it is an upgrading or demolition order, and the purchaser can rescind providing certain conditions are met.

c. No, it is not an adverse affectation, and the purchaser cannot rescind

d. No, it is not an upgrading or demolition order, and in any event the building certificate has issued. The purchaser cannot rescind.