Question
Mr and Mrs Zhou (Vendee) entered into a contract with Demagogue Pty Ltd (Vendor) to purchase land at Noosa Heads in Queensland. They had no
Mr and Mrs Zhou (Vendee) entered into a contract with Demagogue Pty Ltd (Vendor)
to purchase land at Noosa Heads in Queensland. They had no experience in
purchasing properties in Australia as they had recently arrived in the country. During
negotiations Mr and Mrs Zhou visited the site with Mr Biden (Demagogue's agent).
As they had crossed a 'steeply sloping land covered in vegetation' to view the
property, they specifically asked about its access. They were told the developer would
build a driveway to the road to provide access. A development plan indicating a
driveway from the road was shown to the couple. They later realised that the only
vehicular access was via a public road and they required a 'separate permit' to
construct a driveway to provide access to the property. Demagogue had not advised
Mrs and Mrs Zhou of the need for a separate permit.
Advise Mr and Mrs Zhou whether Demagogue Pty Ltd has breached any
provisions under the Australian Consumer Law (ACL) 2010. What remedies (if
any) are available for Mr and Mrs Zhou under the ACL?
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