All Topics / Help Needed! / Land title size and advertised land size different

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  • Profile photo of TheCuriousMindTheCuriousMind
    Participant
    @thecuriousmind
    Join Date: 2010
    Post Count: 10

    Hello!

    I had purchased an investment property in Victoria in 2018. The selling agency had an open and had put out brouchers explaining the huge STCA potential printed on the broucher with a land size of 798 sqm with a house on it – I went ahead and bought it.

    I have since owned the property since then and decided to sell now to upgrade my PPOR. It turns out that sec 32 lists the land size as 709 SQM. So the seller agent I have engaged is advicing that he cannot advertise this as 798 sqm.

    Realestate.com.au and the RP data still shows the house as 798 sqm.

    I am really confused with this situation and unsure of what my options and next steps are. I had engaged a land surveyor and they had also listed the lot size as 709 sqm.

    Do I have any legal option to sue the vendor/agent/agency from 2018 as it is clearly a case of fraudelent advertisement.

    Thanks,
    A

    Profile photo of Steve McKnightSteve McKnight
    Keymaster
    @stevemcknight
    Join Date: 2001
    Post Count: 1,763

    Hello there.

    What’s the address please? Let me do a little bit of searching.

    Do you have any marketing from when you purchased that says the larger land size? Can you demonstrate that you relied on the real estate agent’s representations(perhaps by communication pointing to discussion about land size?)

    Most advertising material does come with a disclaimer on it saying, essentially, all care and no responsibility. Indeed, checking land size ought to have been done during your due diligence. Sadly though, that’s now a bit like saying don’t eat that 10th course at the Chinese buffet.

    That said, you may have something to discuss with a lawyer if you feel the agent engaged in false and misleading advertising, or if the Vendor falsified their Section 32.

    Note – this is NOT legal advice as I am not a lawyer. Just thoughts on what I would do if I were in your shoes.

    Bye,

    – Steve

    Steve McKnight | PropertyInvesting.com Pty Ltd | CEO
    https://www.propertyinvesting.com

    Success comes from doing things differently

    Profile photo of TheCuriousMindTheCuriousMind
    Participant
    @thecuriousmind
    Join Date: 2010
    Post Count: 10

    Absolutely right, I bought it based on advertising material. I had engaged a conveyancer obviously they failed to provide one service they are supposed to. Can you please point me to any lawyer or share a number and I am happy to talk through ? Best regards

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    Hi Curious

    Just noticed – this looks like an honest mistake rather than an attempt to deceive.  When someone typed the brochure, their right hand slipped one position too far left, thus the 09 became 98.   It happens often – but proofreading would (should) have picked it up.  Or a title search during conveyancing….

    FWIW

    Benny

    Profile photo of jleejleejleejlee
    Participant
    @jleejlee
    Join Date: 2022
    Post Count: 0

    Well, this could be a small mistake made by slipping hand, but the difference of 90 sqm is a huge mistake. I think you have to check you advertising twice or even more times before publishing it. I am very curious how this will be explaind by the company and how the are going to solve it

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