A member asked over 7 years ago

Misrepresentaton of fixtures and negligence?

Is it worth taking legal action to get fittings and fixtures changed or a discount on a unit bought off the plan that was changed to a disabled unit without my knowledge? It has low bench tops, no shower door, no vanity, high toilet, which all are different to the products brochure provided. The conveyancer was advised that we could sell it back at the original price (100K less than current value), however this information was never passed on to me until after the due time to decide. it came up because I was complaining and questioning where in the contract it said it was a disabled unit. What are my rights?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. Buying property off-the-plan is a risky endeavour as the final product may differ from what you expected and may be worth less than what you paid by the time it is finished. It is very important that potential buyers read the contract to ensure, as best as possible, that they understand what kind of property they are purchasing and what their rights will be if something goes wrong.

If your contract did not state that the unit would be built to suit the needs of a person with a disability, and you were not otherwise informed of this information, then you may have a legal claim based on ‘misrepresentation’. This is a legal claim that can be made when one person makes a false statement intended to induce another person to enter the contract. If the vendor failed to tell you that the unit would not have these special modifications, and you entered the contract on this understanding, then you may have a right to claim compensation from the vendor and/or a right to get out of the contract (depending on what stage of development the unit is at).

Suggested way forward

Based on the limited information you provided, and without reviewing the sale contract, is very difficult to determine whether you have a legal claim against the vendor. You should consider lodging a formal complaint with Fair Trading NSW (www.fairtrading.nsw.gov.au) about the conduct of the vendor. You should also consider speaking to a property lawyer who can fully advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered over 7 years ago   Legal disclaimer


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