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ARTICLE · 10 SEPTEMBER 2019

Going once, going twice ... and sold to the man from Adelaide (or was it?)

Bartier Perry Solicitors
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Interesting article about recent case where developers were held liable for misrepresentations made to achieve a sale.

AustraliaReal Estate and Construction
Gavin Stuart
Gavin Stuart
Adam Cutri
Adam Cutri
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The Federal Court of Australia recently confirmed that the word "Sold" can carry a number of different meanings and the owner of the land carries risk in relation to the use of the word "Sold" by its agents.

Additionally, the primary judge in Eckford v Six Mile Creek Pty Ltd (No 2) [2019] FCA 1307 found that where the developer knew, or had a reasonable suspicion that those properties marketed as "Sold" were not bona fide, were "bodgy" or were "dodgy", the developer may be personally liable for committing the tort of deceit and/or fraudulent concealment.

Background of case

In about September 2007, Mr and Mrs Eckford, whilst on holiday from Dubbo, took a scenic drive from the Gold Coast to the Sunshine Coast.

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