All Topics / Help Needed! / AGENT – DECEPTIVE & MISLEADING ADVERT

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  • Profile photo of crashycrashy
    Participant
    @crashy
    Join Date: 2003
    Post Count: 736

    I spent a day 2 weeks ago looking at many houses in Redcliffe. At the end of the day, I put in an offer based on the advert & my recollection. The ad states features which simply dont exist, such as
    “new kitchen” well maybe in 1983 it was…….
    “polished floorboards” minus the polish…..they ripped up the carpet & left bare boards………
    door to 3rd bedroom is missing & theres not even a jamb…….can they still call it a 3 bed?
    “built-ins” which there isnt……
    “rumpus room” you mean the garage?

    what can I do?

    http://www.posigear.8k.com
    Positive Geared Share Investing

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    What can you do? Find another property or make an offer taking this into account.

    If you are suggesting you have some recourse against the agent, then I am not sure you do. ‘new’ is subjective, maybe the kitchen is not brand new but could still be classed as new. Polish on the floor boards, maybe they are polished in some rooms? No door, did the agent state there was a door? etc. Talk to the agent and ask some questions. Maybe talk to the owner and bypass the agent, ask if they approved the advertisement.

    Terryw
    Discover Home Loans
    Parramatta
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of XeniaXenia
    Member
    @xenia
    Join Date: 2002
    Post Count: 1,231

    This is clearly “misleading and deceptive conduct” that falls under the trade practices act, section 52 I think!, so agent can be sued on those grounds!!!

    However, you need to PROOVE that the misleading act has caused you financial loss and you can be compensated for that loss. If you were interstate and purchased the house “site unseen” based on the ad, the agent would need to put in new kitchen, polish floorboards etc at their expense if you were willing to take out a law suit against them.

    You have seen the house, you know he just full of cr—p. It’s caused you no financial loss! Don’t waste your time, as Terry said, just find another house.

    Investment Property Management
    http://www.adprop.com.au

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