False and misleading information.

Discussion in 'Legal Issues' started by pwnitat0r, 28th Jan, 2017.

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  1. pwnitat0r

    pwnitat0r Well-Known Member

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    Hi,

    we inspected a property that was really liked... we only had one question for the agent, "is the apartment pet friendly?"..... this is because we have two dogs.

    The agent told us "yes".

    So on that basis we made an offer and exchanged contracts on the same day and paid our holding deposit. In trying to obtain a copy of the strata by-laws we found out by speaking to the strata manager that it is NOT pet friendly.

    Our solicitor has sent a letter rescinding the contract on the basis of false and misleading information and asked for the return of our holding deposit, but I do not expect the agent to admit to this or give us our holding deposit back.

    So what is the next step for me if the agent doesn't refund our holding deposit? Can I make an application to have this dealt with at NCAT?

    I think one good thing in our favour is that me and my girlfriend both witnessed her say yes, so willing to testify and give sworn evidence on the matter.
     
  2. wombat777

    wombat777 Well-Known Member

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    I think you'll be fine, particularly if you both witnessed the agent give misleading information.

    Does anyone place a 'pet friendly' condition when making an offer on strata properties? It can be an important factor for securing tenants.
     
  3. pwnitat0r

    pwnitat0r Well-Known Member

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    Very difficult to rent when you own dogs... that is part of the reason we decided to bite the bullet and buy our own place.

    I think you'll find most of us who own dogs are happy to pay a little extra as well. And sometimes pets do far less damage than children. ;)
     
  4. Marg4000

    Marg4000 Well-Known Member

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    You reall must check any facts relevant to you, never rely on an agent's word.

    In all fairness, they usually go on what the vendor tells them (a common disclaimer on listings).

    Friend with small dog bought a unit. She had conditions in the contract and did not proceed until she had written confirmation from the bc that her dog was allowed.
    Marg
     
  5. Stewart

    Stewart Member

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    There's a few things here:
    • Is there any cooling-off period? If so, you may be able to exit the contract
    • You should also check if there are any special conditions in the contract - its quite common to have clauses to the effect that the purchaser has relied solely upon his/her own inquiries and has not relied upon anything communicated by the vendor/agent outside the contract. Such a clause would not be very helpful to you...
    Speak to your solicitor as they will have reviewed the contract. You should also ask your solicitor what's your fall-back position if the vendor refuses to allow you to exit the contract.

    Best of luck.
     
    Paul@PAS likes this.
  6. pwnitat0r

    pwnitat0r Well-Known Member

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    The agent is managing the property (the tenants), she should be aware of the by-laws as she has to provide the tenant of the copy of the by-laws as part of the lease agreement.