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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23067
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We live in a retirement village and the statuary declaration

Customer Question

We live in a retirement village and the statuary declaration we were given stated that the village was complete and no further building was contemplated. We look across the pétanque court and a croquet green and have now been told that 4 new villas will be built on this site. Up till a few weeks ago new residents were still being given this same document. Do we have any recourse.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

This could be a breach of the contract under which you bought your unit, and possibly misleading and deceptive conduct in the course of trade, which is under the Fair Trading Act. So you should contact the managers and raise this issue and tell them there is a problem. If they refuse to take steps, then the first step is to tell them you want to mediate the dispute. Your village will likely be a member of the association which accepts mediation as the first step in resolving this dispute. If that is the case you can contact a mediator who will help resolve this at this list

If this doesnt resolve then you may need to sue in court saying this is a breach of the contract and fair trading