Property Description

The District Court in Queensland has recently delivered a decision in the dispute between two Real Estate agents regarding the proposed sale of a property which was originally contracted in 2008. The Court found that the advertising of the property for sale included a reference to the property having access from a rear street to its own onsite parking.

In reality the rear access was achieved only by crossing some unfenced vacant land, which did not belong to the seller, and over which there was no actual legal entitlement to gain access.

The contract did not specifically exclude the parking arrangements, and because reference to the parking arrangements had been included in the marketing materials, the Court came to the decision that the statements about access from the rear street to onsite parking amounted to misleading conduct.

The Buyer’s decision to end the contract was therefore upheld by the Court and the Sellers counterclaim requiring the Buyer to complete the Contract was dismissed.

This highlights the fundamental importance as a Seller of ensuring that the marketing materials that are circulated describing your property are scrupulously accurate and for buyers it demonstrates very well the supreme importance of carefully examining search results and carefully checking the
accuracy of all information about the property provided by the Seller.

Aylward Game Solicitors

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