I met with a client to provide advice about making a summary judgment application in a case that he is handling himself.
Ironically this new client was the opposing party in a previous court action by a developer client of ours who we helped successfully remove an inconvenient easement due to non-use.
The new client and his wife bought a unit, advertised as having panoramic ocean views. During negotiations the real estate agent said he was not aware of any nearby developments, quite contrary to an e-mail that has since surfaced.
Even without that e-mail:
- The owner had been given notice of the development by the Council;
- The owner had advised the real estate agent of the development before the advertising material was produced; and
- my developer client has now totally built out my new clients’ view.
So the summary judgment application may well succeed because caveat emptor does not apply in the case of misrepresentation like this.