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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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If a plan on a new home development is incorrect is this breaching

Customer Question

If a plan on a new home development is incorrect is this breaching the mispresentation act
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.
-Could you explain your situation a little more?

Customer: replied 4 years ago.

Hi thanks for your reply. Work selling new homes. We have a site layout plan on wall and a smaller version goes out with a brochure to any customer interested in buying. The same plan is shown on the builders' web site. A customer wanted to buy and at the point of reservation I go through all my other plans i.e. site layout, landscaping etc. When I showed the landscaping it showed grass instead of a drive. GThe customer said he wanted a drive as his wife would be putting her car on that drive and he would be using the other drive away from the house where the garage was. I said I would check with my site manager the day after to show what he would be getting. I was not in the following day but left a note in my diary for it to be checked. It was raised by my college but no answer . It was only a week later when the customer came to go through final details tghat he raised the enquiry again and I p;honed the site manager and was told it would be a drive. Then weeks later the customer said it didnt look as though it would be tarmaced and I checked and a new site manager said it would be grassed and thats when I was told I shouldnt have asked the site manager as I had the plans and not to go by gthe plan on the wall . My argument is that there was a descepance and I raised it and we ar emisleading the public if we are showing an plan which is incorrect and the customer only sees that plan at the beginning it is only when he reserves we go through working drawings.

Expert:  James Mather replied 4 years ago.

Is it done deliberately to "drag" people in and get them committed almost, before telling them "bad news" hoping that they are so keen that they will continue?

Is it common practice or did the plans change just this once?