Conveyancing is commonly defined as the legal process of transferring ownership of title and property rights from one party to another. However, conveyancing also includes creating, varying or extinguishing a legal or equitable interest in real or personal property, such as the creation or removal of an easement, caveat, covenant or mortgage, as well as the giving of legal advice in respect of those matters.
It is an offence to provide false or incomplete information in a section 32, and the intentional omission or deception may give rise to the purchaser terminating the contract. However, where an omission was accidental, or where the purchaser is in substantially the same position they would be in had the information been provided, and a court would be satisfied the vendor has otherwise acted honestly and reasonably and ought fairly to be excused for the contravention, a purchaser would not have the power to rescind the contract of sale.
