NSW Misled into Buying Property - Recourse Under Property Law?

Discussion in 'Property Law Forum' started by Zizza59310, 22 November 2016.

  1. Zizza59310

    Zizza59310 Active Member

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    Hello,

    I am wanting someone to give me some help in property law.

    Last december, I brought a property in newcastle, I was looking for a property which I could do some sort of development to. When I spoke to the agent, I made it very clear I was looking for a property that I could do a granny flat on. I found a house on a 500sqm block with space out the back and a douvle garage.

    The agent to told me (and gave me through email) a planned and proposed layout plans for a granny flat conversion in the double garrage. This was the selling point. I also have granny flats (actual 2nd dwellings) right next to me on both sides behind the nebouring houses.

    I brought the house with the agent using the garage modification plans as a selling point. The plans were not actually submitted to council and were just drawn up plans (professional) and a layout of how the granny flat could be modified. Plans even go as far saying tips about when modifying the granny flat. I was also missing key information about storm water and a sewer running right out the back of my property.

    Am I able to potentially take legal action in regards to what has happened here? I beleive I was mislead into buying this home due to information supplyed not being 100% acurate.

    Thanks
     
  2. Rod

    Rod Lawyer
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    You may have a cause of action but who would win really depends on the details.

    Recommend you see a lawyer with all your facts and information. Also keep in mind the other side is likely to present different facts to you if it goes to court.
     
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  3. Zizza59310

    Zizza59310 Active Member

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    Thank you for your email Rod! I will be seeing one tomorrow.
     
  4. Zizza59310

    Zizza59310 Active Member

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    Also for information purposes I might as well ask.

    When they provided the drawing of the house and land information, are agents allowed to provide a "proposed plan" as a sales point with full engineered drawings if in fact it is just a drawing that can be an idea? I have brought this property with the "proposed plan" to be denied council approval. Can this be in any form misleading information that has ultimately ruined the expirence of buying this property?

    Also not including information about the floodway out the back of the house. My issue here is that the same agent is renting out 3 other granny flats neighbouring my house (only one has DA approval from the information I have gathered from my draftsman talking to council)

    Overall the information provided to me when I brought the house was a mess and missing key info (as my draftsman has said).

    I know these are broad details but could you pottentally give me any sort of light on this?

    Thankyou very much
     
  5. Rod

    Rod Lawyer
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    Yes it can be misleading.

    Should have been disclosed on information from the council. Talk to solicitor about whose fault this (your conveyancer, the vendor, or council or some mix of all three)

    Interesting information. May assist you, but may also assist the agent (ie they had a valid reason for assuming you can have a granny flat)
     
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  6. Zizza59310

    Zizza59310 Active Member

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    Thank you for all this information. Relevance about the granny flat is that he told me that they are all being rented out by him. This lead me to believe that I had the option to build out the back as well (either the garage or an attached dwelling as the 2nd dwelling of the property). Him telling me that he rents them out gave me the impression I had the option to build there. But the problem is I have found out that next doors granny flat is not approved.

    So when I did the inspection I was surrounded by granny flats that he told me he was renting out. For someone buying a house with the plan to develop and now learning that both the garage and potential for a second dwelling may not be able to happen makes me believe I was mislead.

    With this information provided (I know it is one sided) what could I potentially do with it?
    My main concern is that when I brought the house it came with "proposed plans" (modified plans for the garage) which lead me to believe I could use them to convert it.

    I don't see why you would include clear plans of a proposed modified granny flat without using it as a sales point, then it turning out to just be drawings without it being slightly misleading. Now im not happy that option two (the attached dwelling) may not be passed through council. I would have never brought the house If i did not 100% that I could develop.

    Also again thank you very much for your insight!
     
  7. Iamthelaw

    Iamthelaw Well-Known Member

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    Umm.. What has happened here? All the above states is that you purchased a property with plans to a granny flat - Nothing else? I'm not seeing a cause of action based on what you've written above. Is it the case that council is not allowing you to build said granny flat?

    Edit: I can see now, in your 2nd post, that you say you were denied council approval.

    Did the agent provide the plans on a STCA basis? Is STCA listed anywhere on the advertising material?
     
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  8. Rod

    Rod Lawyer
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    This is the key question for your solicitor!

    Remedies vary depending on the cause of action he decides is available to you.
     
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  9. Zizza59310

    Zizza59310 Active Member

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    The words "subject to council approval" were not used. The words "proposed plans". I'd be happy to send you a photo via email if you would like to see?

    Also note I am seeing a solicitor tomorrow but all the information I can get the better.
     
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