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  1. B

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    Unless the disclosure statement is misleading then the conduct of the landlord cannot be misleading? I don't think I can agree with that statement. Conduct can be misleading irrespective of what may be written on a piece of paper. And I assume that the disclosure statement sets out what is...
  2. B

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    The parole evidence rule and an "entire agreement" clause referred to above are directly relevant to an action brought for breach of contract. In this situation though no one is saying that the landlord is in breach of contract. An action for misleading or deceptive conduct is a statutory...
  3. B

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    Yes Alvin may also have a complaint againt the vendor / assignor. But that may be harder because the sale agreement will be full of exclusions. And its probably a 2 dollar company. The landlord probably has deeper pockets. Its harder to run and hide with a shopping centre.
  4. B

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    Dear Alvin If your landlord induced you to enter into the lease by representing to you that the sandwich shop would not compete with you and deliberately lied to you then you may have rights against him for misleading and deceptive conduct under Australian fair trading and competition law...
  5. B

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    If the landlord has made you promises that the other stores in your shopping centre will not compete with you and has broken those promises then you can complain to your State fair trading department.
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