A real estate professional marketed a property as suitable for ‘home and income’ but it hasn't been permitted for this type of use by the council. This type of complaint is about misrepresentation. Misrepresentation can include false information or an exaggeration.
Examples of evidence in this case, and why it’s helpful:
- A copy of the marketing - flyers, printouts of website pages, photos or copies of marketing materials. These will show how the property was represented in the marketing and how the representation was framed.
- A written purchaser acknowledgement form or written evidence of the misrepresentation. Some agencies use acknowledgement forms to keep a record of what a buyer has been told.
- Sale and purchase agreement. This will show if there are any conditions or special clauses.
- A copy of any reports, such as the LIM from the council. This may include information about any consents and zoning for the property.
- Any evidence from the council to show the property is not permitted for ‘home and income use’.
- Any correspondence with the agency about the concerns raised in the complaint. This will show what issues were raised and how the agency responded.