LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

WA Unfair Contract - Take to Court?

Discussion in 'Australian Consumer Law Forum' started by mel kerr, 4 May 2015.

Tags:
  1. mel kerr

    mel kerr Member

    Joined:
    4 May 2015
    Messages:
    2
    Likes Received:
    0
    I was talked into building a big 2 story house by a builder and told if I like the plan we put together to sign the plan. It was a preparation of plans agreement and I paid $9000 because after I sign he said I have to. I was feeling sick about this so I called property people and they said it will be the biggest mistake no one will ever rent it or buy it where I was building it and I will pay for this mistake. I said I can't do it because it will never pay off. Now they won't give my money back.

    Can I go to minor claims? Please help.
     
  2. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,300
    Likes Received:
    334
    Dear Mel,

    The responsibility is on both parties to a contract to do their due dilligence to ensure they are confident of their decision prior to signing a contract. Unless there is some clear evidence of misrepresentation or breach of the contract you are generally unable to avoid it. The only other alternative is to see whether the contract contained a cooling off period and if you are still within it.
     
  3. mel kerr

    mel kerr Member

    Joined:
    4 May 2015
    Messages:
    2
    Likes Received:
    0
    Thanks heaps. No cooling off period. It was in December.. so I need to just say goodbye to my 9000m. It's so difficult to do so when they did nothing to get it off me. They don't deserve my hard earned money for nothing
     

Share This Page

Loading...