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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22320
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We bought an apartment with a car park in Auckland off the

Customer Question

We bought an apartment with a car park in Auckland off the plan in Sept 2013. The plan included the lay out of the apartment and the basement car park. On the sale and purchase agreement the developer ( vendor) has the discretion to change the plan of that car park as well as the discretion in allocation of the parking space to the buyers. Each car park cost $65,000.
The property was opened for inspection on 6/5/16. Unfortunately we were overseas and my son inspected it on our behalf. He was taken down to the basement car park and shown car park no. 54 because the woman showing hi could not find the car park no. 56 which was allocated to us.
We settled on the 10/5/16.
After settlement we realise parking lot 56 is outside the building. It is unsecured and not covered. The walls are covered with graffiti.
We felt cheated for paying the same as everyone for a property that is of very much inferior quality, value and unsafe.
Do we have a recourse for compensation.
Andrew and Mary Leong
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
If you bought from a description and were not shown the actual car park you were buying, then you do have a claim for being mislead on the purchase. I expect this park is worth much less, and so I suggest you approach the seller, and explain you have been misled and want a refund. The Consumer Guarantees Act does not apply unfortunately, but you can say this was misleading and deceptive under the Fair Trading Act. If the seller refuses to consider your claim, you would have a reasonable chance of success in the District Court claiming your money back
Customer: replied 6 months ago.
I need the car park and do not want a refund. If I have a strong case I will insist on the developer giving me a basement covered car park, where he can find one we have no idea. But are you sure we have a case ? The sale and purchase agreement stated specifically the vendor has discretion to vary the number of car parks and which lot to allocate to which unit. However It was never stated any where in the paper works that they are selling 4 outside uncovered car parks.
Expert:  Chris The Lawyer replied 6 months ago.
If this was a sale by description and you were never told that one possibility was an outside carpark, then they have misrepresented the sale. You should be entitled to damages which would be the reduced value of this park. So in my opinion, you do have a case

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