WA Unfair Contract - Take to Court?

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mel kerr

Member
4 May 2015
2
0
1
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.
 
S

Sophea

Guest
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.
 

mel kerr

Member
4 May 2015
2
0
1
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.
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
 

Lauren Fox

Well-Known Member
21 October 2025
52
0
196
Unfair contract disputes can sometimes be taken to court or resolved through consumer tribunals, depending on the severity and whether the terms are considered “unconscionable” or unfair under Australian Consumer Law. Often, the first step is negotiation or seeking legal advice before escalating to litigation, since court can be costly and time-consuming.

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