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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My parents were induced to buy a retirement apartment by the

Customer Question

My parents were induced to buy a retirement apartment by the promise of a designated parking space. The first 3 purchasers were promised the same but this did not materialise in the contract/lease. We continued to use a parking space as per the original agreement from May 2011 until @ January 2014 when we started to get comments from other residents, sales staff and management, but as far as we were concerned we were acting under the terms of the agreement that we had been offered.
I believe that the original agreement, which was not specifically pointed out had significantly changed, and we had acted under for many months with no problems, should be honoured.
The salesperson was sacked very shortly after the first 3 sales.
Are we entitled to ask that this designated parking space inducement is honoured? My parents would not have purchased knowing that visitors would not be able to park there and the obvious lack of parking spaces was therefore of no concern to them as they had been sold an apartment with a designated parking space. Another purchaser was persuaded to drop her interest in an alternative complex (with designated residents and visitor parking) with the promise of a designated parking space.
Do we have a case?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know is a parking space in writing at all?
JACUSTOMER-0tegnqyt- :

Hi Alex,

JACUSTOMER-0tegnqyt- :

no, it isn't.

Alex Watts : Do you have any evidence you were promised a space?
JACUSTOMER-0tegnqyt- :

My mother and late father have raised the issue with management staff but apart from that, only the say-so of them and the other two purchasers.

Alex Watts : Ok
Alex Watts : well I think the fact there is more than one purchaser saying this help.
Alex Watts : It is breach of contract because you were promised a parking space and didn't get one.
Alex Watts : So yes you have a case.
Alex Watts : Its breach of contract. A representation was made that was false. This representation was a parking space
Alex Watts : you did not get that.
Alex Watts : other people did not get that.
Alex Watts : Therefore yes you have a claim.
Alex Watts : Can I clairfy anything for you about this today please?
JACUSTOMER-0tegnqyt- :

Hello Alex,

JACUSTOMER-0tegnqyt- :

Thank you for your help today, I will approach the solicitors used for the conveyancing.

JACUSTOMER-0tegnqyt- :

regards

JACUSTOMER-0tegnqyt- :

Cheryl

Alex Watts : Good luck Cheryl
Alex Watts : Can I helo with anything else today?
Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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