Recorded Webinar: Misleading and Deceptive Conduct in Property Sales: Putting Developers and Real Estate Agents on Notice

Practitioners are often called upon to clean up the mess when a property purchaser has signed a contract following representations made by a real estate agent or developer which are false or misleading. This session provides a guide to the application of the law in such circumstances and practical advice for managing such a situation going forward, including:

• An overview of the Australian consumer law and fair trading laws as they apply to property transactions
• When will a representation be false or misleading? Cases and examples including:
  • price estimates and property values
  • manipulated photographs
  • claims about benefits including views
  • quality and nature of fixtures and fittings
  • size and finish of build
  • inaccurate boundaries, size and potential development
  • non-compliance with Council permits or approvals
• The consequences of misleading and deceptive conduct for both perpetrator and consumer
• What remedy is available to a purchaser at common law for misrepresentation?
• Off-the-plan sales and misrepresentation – what remedies are available to a purchaser?