Hello I need help regarding CONTRACT LAW.

• what was the representation made here
• is there a misleading and deceptive conduct SECTION 18 ACL
• can they get back the $50, 000 deposit
• what case law can I include here.
• would common mistake apply here ?!

Jules and Blake are a young couple who had been saving up to buy their first property for many years. Blake is a builder and so they planned to buy a block of land in the Victorian countryside and then build the house themselves. Once they finally managed to accrue a 20% deposit, they started looking at properties.

Jules and Blake fell in love with the first property that they inspected. They talked to the vendor's agent who told them that the land was situated within the school zone of a highly-regarded local school in country Victoria. Jules and Blake planned to build their 'forever house' on the property, and send their future children to the school, so they were very keen to buy within the school zone. Marketing for the property also indicated that it was an elevated block with magnificent north-easterly views. When inspecting the property, Jules and Blake loved the wonderful views and immediately signed a contract for the property. They paid a deposit of $50,000 on 15 February 2020, with the balance of $200,000 to be paid on settlement that was scheduled for 15 May 2020.

On 13 March 2020, Jules went to speak with the Principal at the local school. The Principal advised that Jules and Blake's property was not within the school zone. The Principal also mentioned that there was a lot of development expected in the area in the next year. After some investigation, Jules and Blake discovered that adjacent blocks to theirs had permits and plans in place for building. If building proceeded as per the plans, the views from Jules and Blake's block would be obstructed.

Question 1. Would Jules and Blake be able to recover the $50,000 that they paid to the vendor as a deposit on the land?