August 2011 - The Sweeping Sea Views Sales Pitch
A recent Supreme Court of Appeal decision highlights the dangers of relying on anything said in the course of a "sales pitch" when buying a property.
Firstly, the facts: -
The developer of a multi-story sectional title development instructed agents to sell the (as yet unbuilt) luxury apartments on an off-plan basis.
The purchaser of a 4th floor apartment had been told by the agents that it would enjoy unobstructed sea views.
This impression was confirmed in a promotional CD-ROM supplied by the seller.
To the purchaser's dismay, the same developer then commenced construction of an adjacent 5-story development which significantly impinged on the view.
The purchaser sued the seller for damages for "fraudulent misrepresentation or non-disclosure".
Firstly, the facts: -
The developer of a multi-story sectional title development instructed agents to sell the (as yet unbuilt) luxury apartments on an off-plan basis.
The purchaser of a 4th floor apartment had been told by the agents that it would enjoy unobstructed sea views.
This impression was confirmed in a promotional CD-ROM supplied by the seller.
To the purchaser's dismay, the same developer then commenced construction of an adjacent 5-story development which significantly impinged on the view.
The purchaser sued the seller for damages for "fraudulent misrepresentation or non-disclosure".