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发表于 2018-2-28 08:39
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本帖最后由 Hetbert 于 2018-2-28 09:41 编辑
bello 发表于 2018-2-28 09:25
这种事媒体曝光也没用,只会让人家当笑话,我是开发商绝不松口,否则倒戈一大片。最好办法就是转售,或者借 ...
是的。有死硬开发商一直打到高院,最后还是输了。
现在昆州有判例的。只要能证明中介有misleading conduct,就至少能void the contract。
这个门槛很低的,哪个楼花中介不是说的天花乱坠。找出若干misleading statements没难度。
http://www.awbrisbanelawyers.com ... -practices-act.html
Misleading and deceptive conduct in property transactions and sales of real estate
A real estate agent or seller’s misleading and deceptive conduct may allow buyer to terminate contract. Decisions in the Supreme Court on alleged misrepresentations by sellers and their agents have impacted the current litigation and property landscape.
Nifsan Developments
In Nifsan Developments Pty Ltd v Buskey & Anor [2011] QSC 314 (Nifsan), the Supreme Court decided that due to misrepresentations made by an agent on behalf of a developer, the contract for sale of a penthouse apartment was void. Representations were made regarding views that were held to be misleading and deceptive conduct, and the deposits were successfully returned and the contract made void. This case drew on sections 52 and 53A of the Trade Practices Act 1974 (Cth), however this has been succeeded by the Competition and Consumer Act 2010 (Cth)(CCA), which contains similar provisions for misleading and deceptive conduct.
While the decision in Nifsan is on appeal, it is currently good law in Queensland that a contract for sale of property will be considered void where:
the evidence makes it clear that representations have been made;
that the buyer has relied on those representations; and
an agent made the representations on behalf of the developer, who knew they were false and were made with the intention to mislead.
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