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Tan is a developer of houses located at the famous seafront of Penang. Mark is a retiree looking to buy a home with an open

Tan is a developer of houses located at the famous seafront of Penang. Mark is a retiree looking to buy a home with an open and accessible seafront. At the launch of a new housing project, Tan told Mark that he would be able to access the beach directly and go swimming upon exiting the house. Mark was also shown a miniature model and printed brochure of the project that showed a sandy beachfront, umbrellas, relaxing comfortable chairs, and sailboats close to the beach. This was precisely the type of retirement home that Mark was looking for. In order to not miss this opportunity, Mark immediately bought the house. He did so by signing a simple sale and purchase contract that did not contain any details Tan earlier mentioned to Mark, including the details contained in the miniature model and brochure. When Mark visited the house for the first time after its completion, he was shocked by what he saw. A wall had been erected right across the seafront of the house. Rocks, stones, and boulders were placed all along the seafront. Sewerage discharge was visibly led-off into the sea in front of his house. Mark is upset and wishes to rescind the sale and purchase contract. He claims that the wall and rocks and overall reduction in the aesthetical and environmental conditions had affected his enjoyment of the property.

Advise Mark of his contractual rights, if any, against Tan in relation to the purchase of the house.

This question is based in Malaysia. Please use Malaysian or English cases to support answer. Contracts Act 1950 to be used for any statutes or laws. IRAC method to be applied.

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