Can the Seller Hide Defects?
South Australian sellers are required to disclose material facts about the property in the Form 1 vendor's statement. Sellers can't legally hide structural defects, easements, or other material matters - but the practical reality is that minor and visible defects are often covered up cosmetically. A pre-purchase building inspection is your defence against both intentional concealment and routine cosmetic cover-ups.
What sellers must legally disclose (Form 1)
Form 1 (the SA vendor's statement) requires disclosure of: title information, planning and zoning, encumbrances, body corporate details (strata), notices issued against the property, and material facts that would affect a buyer's decision.
Failure to disclose material facts can trigger extended cooling-off rights or, in extreme cases, the buyer's right to rescind even after settlement.
Common cosmetic cover-ups inspectors find
Fresh paint over water staining on ceilings. The inspector looks for paint colour mismatches, brushwork that doesn't match the rest of the room, and feels for hidden ceiling sagging.
Furniture strategically placed to cover damaged floors, mouldy corners, or cracked walls. Inspectors check behind furniture during their walk-through.
New floor coverings hiding sub-floor moisture damage. Soft underfoot near walls is a strong signal.
Repointed brickwork concealing older salt damp or cracking. Mortar colour and texture differences flag recent work.
Cleaned and freshly-grouted bathrooms hiding waterproofing failure. The inspector uses a moisture meter behind the room to detect sub-floor moisture.
What a building inspection detects vs misses
AS 4349.1 inspections are non-invasive. The inspector can't lift carpets, open walls, or move large furniture. So genuinely well-hidden defects can be missed.
What's typically caught: visible water staining or cover-ups, fresh paintwork that looks recent, sub-floor moisture detected via moisture meter, visible movement cracking even when freshly filled.
What's harder to catch: defects concealed behind permanent fixtures, sub-slab plumbing issues, asbestos in walls without sampling, electrical issues that need compliance testing.
If you discover hidden defects post-settlement
Document everything with dates, photographs, and any evidence the issue pre-dated your purchase. A post-settlement defect inspection (AS 4349.7) helps.
Speak to your conveyancer immediately. There are legal remedies for non-disclosure under SA law, but they're time-sensitive and fact-specific.
If the seller's vendor report or Form 1 was incomplete or misleading, there may be grounds for compensation. If you commissioned your own inspection that missed the defect, your remedies are more limited.
How to maximise your protection
Always commission your own independent inspection. Don't rely solely on the vendor's report.
Use the matching service to compare three inspectors - choose based on attention to detail, not just price.
Brief the inspector on any specific concerns you noticed at open inspections. They can focus on those areas.
Attend the inspection in person if possible. The inspector will walk you through any concerns on site, before you read the formal report.