A wants to sell his property and puts the house photographs and swimming pool/boat details into his brochure and starts marketing the property. A also puts a disclaimer on the front of his brochure, but not on page 3-4 where the photographs of the proposed pool and description is included. A also stated in all advertisements "walk through the backyard to your own private pontoon and berth (moorings) for your boat and jet-ski!" However, these have not been installed. Upon inquiry, A does not have council approval for these either, only approval for the swimming the pool - which has not yet been installed.

During the open house two boys aged 7 and 12 get into the unfinished backyard, trip over a pile of tiles and fall into the hole where the pool is proposed to be built. The 12 year old boy breaks his right arm and leg. The 7 year old boy appears to be ok. An ambulance attends and takes both boys to the hospital.

The parents are distraught and angry with A. A points out a sign at the entry that sates that children must be supervised by an adult at all times and that entry is at your own risk.

B buy this property then find he did not have council approval to park his boat and the swimming pool is unfinished.

Advise all parties regarding all legal issues