Is this a case of misrepresentation?

C

chilliblue

After looking at the below link
http://www.realestate.com.au/property-house-nsw-wiley+park-106999288#
I decided to call the agent to attain a few more details.

When asked about the granny flats, the agent advised that he had no idea as to whether they were council approved (should they not have been in Council plans?), and in fact in his words "they are not really granny flats...just something the owner did".

How is this not a clear case of misrepresentation and how did the agent become no 1 three years in a row?
 
I rang about something similar in Guildford last year. Three BR house and it was only one 2 BR granny flat but " brand new". :rolleyes:
Upon further questioning about OSP and garages and such, the truth was delivered.

" Actually, the (old) garage has been newly converted into a self contained granny flat and I'm not sure if it has council approval :cool: ."

I took it no further, and really who would you complain to?..... certainly not the NSW Real Estate Institute. Perhaps ACCC or similar.



I am fairly sure this type of thing happens not infrequently. Up to purchaser to do thorough DD and as always, caveat emptor.

Agree, it is misrepresentation.
 
CB, I must admitt, I think it not the best thing they could have done. When we speak to sellers about what has been done to a property, we try to clarify what is council approved, and what is not. In our mind, it would be wrong for us to describe some thing, ie a granny flat, downstairs bedroom etc, if they are not approved as such.
To his credit, he does let you know that it need attention.
 
Just ask the agent to ask the owner to provide the Council permits......

Agents disclaimer; "we are here to facilitate a deal; not to provide facts".

Agent supporters (and agents) please insert your couter-attack here.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
 
BayView said:
Just ask the agent to ask the owner to provide the Council permits......
Click to expand...

What would be your guess on the agent's answer, based on what he's said so far ?

When asked about the granny flats, the agent advised that he had no idea as to whether they were council approved (should they not have been in Council plans?), and in fact in his words "they are not really granny flats...just something the owner did".
 
providing facts (and being honest) will help facilitate the deal. DOH!


BayView said:
Just ask the agent to ask the owner to provide the Council permits......

Agents disclaimer; "we are here to facilitate a deal; not to provide facts".

Agent supporters (and agents) please insert your couter-attack here.............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Click to expand...
 
chilliblue said:
.........the agent advised that he had no idea as to whether they were council approved (should they not have been in Council plans?),
Click to expand...
REAs in NSW never get to see the council plans - so they are at the mercy of whatever the vendor tells them :rolleyes:

Bear in mind though, only 1 x granny flat per property is allowed under regs - so having 2 is an obvious give-away.


chilliblue said:
and in fact in his words "they are not really granny flats...just something the owner did".
Click to expand...
So now he fesses up :)

chilliblue said:
How is this not a clear case of misrepresentation and how did the agent become no 1 three years in a row?
Click to expand...
No it is not misrepresentation. He told you the truth.

The advert on re.com does not say "council approved" granny flat/s. This also is an obvious give-away. :p
 
It is misrepresentation. In the ad it says "BONUS TWO SELF CONTAINED GRANNY FLATS"

And then when he gets the call he says "they are not really granny flats...just something the owner did".
 
Propertunity said:
The advert on re.com does not say "council approved" granny flat/s. This also is an obvious give-away. :p
Click to expand...

Can you explain what makes it "an obvious give away" ? I can only guess you mean the words "Council approved" are not in the advert befreo the words "granny fat".

That makes it obvious that they are unapproved by the council ?
 
evand said:
It is misrepresentation. In the ad it says "BONUS TWO SELF CONTAINED GRANNY FLATS"
And then when he gets the call he says "they are not really granny flats...just something the owner did".
Click to expand...

Ah you're probably right but REAs lie all the time (and I'm hardened to it) and I tend to see 'misrepresentaion' as 'gross misrepresentation'.

e.g. I drove 2.5 hours to see a house and g/flat a few months ago. The g/flat was a gyprock lined single garage. No toliet, no shower, no kitchen, just one lined room with a light bulb - now that's what I call misrepresenation!! :eek:
 
jaycee said:
Can you explain what makes it "an obvious give away" ? I can only guess you mean the words "Council approved" are not in the advert befreo the words "granny fat".

That makes it obvious that they are unapproved by the council ?
Click to expand...

Yes, when they are approved the REAs make a big deal out of "approved granny flat" in their advertising. If it is unapproved they tend to refer to:
teenage retreat
garden studio
in-law accommodation
kitchenette
etc - thinly veiled attemps to alert investors who 'know' what they mean.;)
 
Here's another innovative granny flat option from an article in the SMH

PUTTING grandma six feet under could be the answer to Sydney's housing shortage.

An architectural firm believes backyard swimming pools should be emptied and transformed into subterranean granny flats, complete with a small bedroom, living room, kitchen, bathroom, garden alcove and rooftop windows.

The concept, which came second in the Architecture Australia Prize for Unbuilt Work, would allow urban consolidation to take place without compromising some of the benefits of suburbia, such as spacious gardens and unimpeded views.

The idea, by Nobbs Radford Architects, was created in response to former premier Morris Iemma's announcement in July that the Government would modify housing codes to make it easier for homeowners to build "secondary dwellings" in backyards.

By 2036 more than 630,000 new homes will be needed to accommodate Sydney's population, which is expected to grow to 6 million. But instead of turning traditionally low-rise suburbs into vast stretches of apartment blocks, part of the growth could be housed within some of NSW's 360,000 swimming pools, Alison Nobbs said.

"It's just making a suburban experience more accessible," she said.
Click to expand...

images
 
evand said:
It is misrepresentation. In the ad it says "BONUS TWO SELF CONTAINED GRANNY FLATS"

And then when he gets the call he says "they are not really granny flats...just something the owner did".
Click to expand...

This was my thought exactly.

If the same agent stated that it was waterfront property on the ad but then it turned out that the property was located across a road, national parkland and then water, this would be misrepresentation.

As a reported No.1 agent, surely he has the responsibility (or at least some business accumen) to understand exactly what he is to sell and to ensure that the information is correct.

The telephone call clearly showed he was aware that the two additional granny flats could not called that and yet he advertises the property with them.

For what it is worth, I am still waiting to hear back from the agent as he promised he would investigate the approval and get back to me later that day.

Thanks for your comments.
 
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