Misled about auto-garage

WRONG STRATA GARAGE: I recently purchased an apartment but I did not get the garage of the unit I inspected. The garage I got is smaller that the one I was shown before I signed the contract. The agent said that does not really matter because all garages are really storage space not residential space. Is he right?

Not quite. If some estate agent showed you the wrong garage – the smaller garage, you will have a right to claim against him. You probably won’t have a claim against the vendor- the contract of the sale usually has an exclusion clause which says that the vendor will not be responsible for any mis-description or misrepresentation made of the property by any agent assisting you with the inspection of the property (Look under Special Conditions).  But, usually – something which is a standard procedure, your lawyer should have invited you to his/her office, shown you the plan of the strata building and he/she would have shown you which flat and which garage you’d be purchasing. If whoever did your conveyance did not do that you may have a recourse against that person. Your choice would be, in absence of an exclusion clause and your solicitor not showing you the plans, to sue the agent or the lawyer. My view is that it is easier to get money out of the estate agent than a lawyer.

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