Q: My partner and I purchased a house 10 years ago. We decided that we wouldn't do too many checks on the property to save money. Our lawyer also thought it was a good area to buy in without spending too much money on inspecting it.

Two years ago, my partner and I split, and I ended up taking over the property. I went to sell the property last month and asked for a full building inspection. It was a huge shock when I discovered that the house is a leaky home.

We did not look at a Land Information Memorandum before we purchased the property either. The planning rules say who is allowed to build multiple dwellings on our street, and now, the next-door property can build seven townhouses on it.

I think that the value of the house is much less than what I paid to purchase it from my partner. What can I do about this?

A: You are in a difficult situation. You have a number of variables in relation to property, including a leaky home, the planning rules and the declining property market. I would advise you to get the full property file from the time you and your partner purchased the property.

I also advise you to note or find records of what the discussions were between you and your partner when you made the purchase, and any terms of a relationship property agreement. It is important to gather information to have a factual basis for your claim.

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Leaky home

Did you and your partner know it was a leaky home when you purchased it? How much did the home leak when you were together, and how much has it been leaking since that time? You need to know the cost of repair, which can be prohibitive.

Planning rules

How much has your property been affected by any planning rules? Your lawyer can advise you on this.

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