A property advert on realestate.com includes a diagram of the layout of a block with the position of the house on it and a few feautures, pergola paving etc.. all prett ynormal.
The block has a laneway down one side which finishes in line with the rear boundary, ie : a dead end. On the diagram this laneway is included and there is no notation or dotted line indicating it is not part of the block thats for sale. Giving the impression it is a large block. I know that the lane is not part of the title.
The block is actually 700m2, with the lane included as in the diagram it would be about 950m2.
The written part of the advert describes the block as 700m2, which is correct.
There is absolutely no inidication the lane is not part of the sale and it is not obvious during a physical inspection of the site. It is not clearly distinguishable from the block itself, due to poor fencing and vegetation.
I dont have any other documentation from the agent yet.
Whether it be through error or deliberate action it is clearly false advertising.
My question is:
Assuming the error is not picked up by the agent before the auction…
What would happen if the property was sold to an unsuspecting buyer who thought, as per the diagram, they were getting the whole block?
What would happen if, just prior to the auction I was to inform the auctioneer of the issue? Would he be obliged to inform the crowd? Cancel the auction?Anyone seen anything like this before?
Hi Jazz,
All advertising needs to be accurate. In saying this some people make genuine mistakes.
In your case the paperwork is accurate (it states 700 sqm) but the photo needs some work.
Rather than trying to catch the agent out ring and ask the question and then politely point out you found the photo misleading.
I find working with people rather than trying to catch them out is more beneficial. The mentality that seems to pervade society of catching people out and 'smacking' them is a little strange to me.
Anyone who bought property based on what the Real Estate Agent says is a fool waiting to be had.
It's as simple as reading the contract. All the information is there.
Reading the contract will tell you how big the block is, where it is, boundaries, water etc.
Derek wrote:Hi Jazz,All advertising needs to be accurate. In saying this some people make genuine mistakes.
In your case the paperwork is accurate (it states 700 sqm) but the photo needs some work.
Rather than trying to catch the agent out ring and ask the question and then politely point out you found the photo misleading.
I find working with people rather than trying to catch them out is more beneficial. The mentality that seems to pervade society of catching people out and 'smacking' them is a little strange to me.
My intention is not to catch someone out and smack them, it is to use the agents lack of due diligence in their campaign to my advantage. I have done my due diligence and know where the boundaries are, i dont need to ask the question to the agent.
I feel that if others are mislead and dont check the details of the property, thats their problem and its not my place to protect the competing purchasers. Nor would I expect the agent to point things out to help me get a better deal, they work for the vendor.
scha9799 wrote:Just call local council to verify the exact lock sizeI know the exact size if the land.
I have done the research and measured it on site, the existing carport actualy sits 2m over the boundary.
It is in my best interest for others to know the block is not what it seems, or i risk having to bid against someone who thinks they are getting a large block with good access for the price of a mid size block.
REIV has said that if the image was created by information provided by the vendor, then the agent does not have to disclose the error, even if he now knows about it. Surely this is false advertising?
Yes, i know its buyer beware, not much good to me when i'm outbid by someone who doesnt do their homework though.
jazz77 wrote:Yes, i know its buyer beware, not much good to me when i'm outbid by someone who doesnt do their homework though.
Perhaps you, or someone you know, can raise it with the auctioneer when the auction starts. Make sure it's clarified publicly before bids are taken.
itsandrew
Go as far as you can see and you will see further.
itsandrew wrote:jazz77 wrote:Yes, i know its buyer beware, not much good to me when i'm outbid by someone who doesnt do their homework though.
Perhaps you, or someone you know, can raise it with the auctioneer when the auction starts. Make sure it's clarified publicly before bids are taken.
Yes, that is pretty much my plan.
There are a few issues with the site that I would like made public prior to the auction. These include : Build over boundary, partial flooding overlay, aboriginal heritage issue.
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