can i sue the real estate

Hi guys this date back in november 2007 when i signed a contract for house and land package in springfiled lakes qld from the main real estate .... realty u guys can guess who they are. went to their display home and checked it out, liked it, see the agent, agreed to accept the price 320k which was about 10-15k more dearer than the average villa when it was first released becos of location and being last lot in the area so she claims. basicallly put down a deposit and settled the land in feb and they said i will be dealing with the builder in the building process that they chosen in part of the houde and land package. dealt with the builder, didnt start building till july becos they builder told me that the original building plan didnt pass the council permit because it was too close to the walk path being a corner block. they had to shift the plan back about 1.5m metre back and got approved and i signed the new plans and the building started in july. being frustrated waiting for 5 months for paper works to be approved, i just wanted it to get built so i signed the modified plan without knowing exact what they were plus being neever built or even own a house so i was clueless, that could be my disadvantage cos i signed the building plan. house was finished in april 2009 moved in, house just fit on the land on a 260 square meter block, lost about 1m long in the back yard supposed to have a 1.7metre long back yard like the 2 same villas next to mine and the display home, assuming when i saw the product it would be like and it was in the original plan when i first signed the contract.

now im settled in the house, i want to sue the real estate for selling a dodgy product and be compensate for the lost of land, false product description and time and money i have to pay the bank whiling waiting for it to build. because they selling a package with house and land so i got no control over the product description rather than paying for it, wait for it get build and moved in on a fixed price thats whay it supposed to be all about right. half way through it the land was too small for the villa, had to be modified, wait much longer for paper works to be approved becos of it and at the end of the day i dint get a product that i signed for at the start. i talked to a solicity and they wanted to charge me $160 for 30 mins consultation, and $360 per house while they go through the contracts and paper work to see if i have a winning case. thats one point and 2nd point is even if i win the case, is it worth the time and money because who knows how much is the legal fee gonna be compare to the money i get compensated from the case if i win. another thing is i wnt to know if there is any way i can sue them without going through a laywer like filing for a case through court etc.. as my english is pretty bad so and i dont know if it is possible to do that without a solicitor so i want to see what u guys or any experts that woukd know if i have a case, is it profitable if i win or i can even do it myself to save legal fee. one last thing can i get the solicitor that did my convayencing to seek advice without extra cost?
 
If you sighned the amendment , you got exactly what you sighned, the case sounds so loose , it will cost you more (my opinion) but the lessons you have learnt are forever priceless. ;)
 
be careful - the initial $520 will just be the coffee meet up. then the meter really starts ticking. i'd reckon $100k for that action - and be prepared to lose it and pay a fair chunk of the other sides costs. I wouldn't fancy chances without a lawyer.
 
I'm not 100% on the situation, but in Sydney if the agent messed up then you complain to the Office Of Fair Trading, then go to the Tribunal and have your case heard and it will only cost a few hundred at the most and you represent yourself and have to gain evidence yourself. But it depends on what your claiming for, because they can only hear upto a certain amount, i think it's like 20,000 or something. A lot of cases againsts agents go through the CTTT (Consumer, Trader and Tenancy Tribunal), but as i said. That's Sydney.
 
I've heard of cases which seem a thousand times stronger than yours, which have lost. It may not seem fair, but my pragmatic advice is to move along and consider it a lesson learned.

Your opportunity to do something about this situation - if ever - was as it was happening; the opportunity's now passed. Even if the Court ignores the fact that you signed the approval etc, how can they possibly quantify what your damages are? How much less is your backyard worth than your neighbours'?

Don't waste any more emotional energy, or money, pursuing this.
 
I don't think you have a chance. You did not do your do dilligance and as you said you just signed away.
Everyone knows that the setback on corner blocks are greater than the average block and it appears that they have built a house for you to accommodate this.
You should have approached council as part of your due dillegance.
You could persue the matter but as others have pointed out your chances don't look good and if ruled against you, you will have to pay not only your legal fees and theirs too. Their lawyers may charge a hell of lot more also.

As you said, you bought the last block that was available under H&L. Its not like you had a choice over 2 blocks either.
 
You are also using words like "I assumed...". You need to look at the contract and see exactly what it says. I would be surprised if there is not a disclaimer somewhere. In any event why would you have a right against the agent if what they have done is give information based on what the Vendor has given them. Agents are not experts on building setbacks.
 
The posters are right here. Let it go mate and put it down to experience.

Another person burnt by a RE agent. Another person to add to the low public opinion of the RE industry. And they wonder why? :rolleyes:
 
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