An agent does not have a duty to disclose the existence of an AVO between a tenant and a neighbour. However, if asked about the AVO the agent cannot make misleading representations about relations between yourself and the neighbour.
Pursuant to section 52 of the Property and Stock Agents Act 2002 (NSW), the agent will have to disclose any ‘material facts’ related to the property. Non-disclosure is a criminal offence that could result in a maximum of 200 penalty units. These ‘material facts’ are specified in section 54 of the Property and Stock Agents Regulation 2014 (NSW).
Material facts include:
- Flooding or bushfire from a natural weather event in the past 5 years;
- Property subject to significant health or safety risks;
- Property contains loose-fill asbestos;
- Property the scene of a murder or manslaughter in the past 5 years;
- Property involved in prohibited drug or plant manufacture, cultivation or supply within the past 2 years;
- Property contains external combustible cladding; and
- Property subject to a development application or a complying development certificate for rectification of the building regarding external combustible cladding.