Reply To: Mis-selling??

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Anonymous
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Pablo,

It’s August, so I doubt we will hear from any of the lawyers who kindly participate in this forum.

Sounds like your contract is very weak from your perspective – if you paid a lawyer who allowed you to sign that you should be very unhappy with that service. However if you have any sales and marketing material from the developer that shows that a golf course was promised as part of the package then you might have a case for compensation. That’s why it’s always very important to keep hold of every little bit of sales literature you are given by the developer you buy from. You never know when you might need it as evidence of what you were being sold.

I’m not a lawyer, so don’t take anything I say as a substitute for legal advice from a qualified lawyer. Having said that my feeling is that your idea of getting independent valuations would not help much, and would be costly to boot. You need to sit down with a good lawyer, discuss your contract and all the other material you have kept from the developer or agent, and then decide if you have any case for compensation.

This just goes to show how important it is when buying on a new development to have details of all the facilities you are being promised, for instance a golf course, incorporated into your purchase contract (normally in the form of an addendum), so that you have a clear cut case for compensation if those facilities are not delivered as promised.

Mark