NSW Charge Real Estate Agents with Fraudulent Misrepresentation?

[Dave Brown]

I brought a 2 bedroom unit in June 2014 that was advertised on the internet on a dedicated property site as being rezoned for permanent living on the signing of the Council LEP. Another owner had lived there permanently nearly a year before I purchased my unit and he had been told the same as me, that it was permanent living and not holiday residence and had been rezoned.

The main agents for this property were the ones who told us that they were permanent.

In Jan 2016, another owner tried to sell his unit but the buyer's solicitor found out that the units were still classed as holiday units even though the real estate agents had continually told the purchaser they were for permanent residence.

The Council LEP had been signed in April 2014 and our zoning went from SP3 (tourist) to B4(mixed) as our units are behind a general store, which is part of our strata plan. My friend who owns his unit and was living there permanently has moved out and is in the process of litigation against the conveyancer and the Estate Agency which is in the Supreme Court of NSW.

I am next to take the Agency and the Conveyancer to court but I want to know if I can have these people charged with Fraudulent Misrepresentation and what would be the penalty imposed if I was successful.

Thank you.

 

[Iamthelaw]

Unlikely - Your issue sounds like a civil one, rather than criminal. Unless you have some evidence that either the agency or your conveyancer for example, created a false document.

 

[Dave Brown]

I have documented proof about the Agents, but the conveyancer never declared the restrictions when I signed the contract.