Real estate agents have been unwittingly failing to disclose defective buildings to purchasers, despite their legal obligations.

Minister for Better Regulation Kevin Anderson told Ray Hadley real estate agents have a responsibility, under legislation which came into effect in July, to disclose prohibition orders to the buyer or tenant.

The Building Commissioner will crack down on developers who have obtained interim occupation certificates, he explained.

“He is holding a stick to them, he is kicking the door down saying ‘you’ve got to fix the rectification orders’.”

However, Mr Anderson admitted Fair Trading has been instructed to “up the ante” in communicating the disclosure responsibility to agents.

“Obviously the message is not getting out there.”

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