I had a case go through the REAA regarding a house that I bought that was advertised as being cladded in hardi-plank but wasnt. It was cladded in weatherside, not known to me until I went to sell the property before moving overseas. The REAA found that both the listing agent and the agent that sold me the property were at fault and both agents were reprimanded for this however I am left with a property that is worth alot less than that which I paid for and a house that is not cladded in what I was told it was and that which it was advertised to be. Whilst the REAA has undertaken their investigation uder the Real Estate act, do I have grounds to take either the agents or the REAA to court under the fair trading act or is there some other avenue I should persue?
I forwarded a complaint to the REAA
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
The Fair Trading Act is a good start, based on misleading and deceptive conduct in the course of trade, and armed with the decision from the REAA you should have some strength to the case. You will need to get valuations in a present condition and what it would be worth if it was as represented. Possibly the vendor has some role in this too.
Are Real Estate Agents subject to the fair trading act in addition to their respective Real Estate Acts?
LLB MMgt FAMINZ 32 years qualified as lawyer
Could you pse advise the approximate amount it would cost to take this action to court and who I would be taking to court, the Real Estate Agents, their firms or the REAA?
You should sue the agent and their employer in breach of contract and misleading a deceptive conduct under the Fair Trading Act. You must do so within 2 years of discovering the conduct however. The cost depends on the extent they fight your claim. Starting this would be around $2000, and to take this to a trial would easily be $10,000 upwards
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).