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REIQ Journal : December January 2009
36 LEGAL ISSUES The ACCC proceedings The ACCC initiated proceedings against the group for misleading and deceptive conduct under section 52 of the TPA for misleading prospective buyers about the progress of construction of the golf course. The Federal Court found that the contents of the letter sent to potential buyers amounted to misleading and deceptive conduct as it contravened section 52 by: Representing that the group had final approval from the GCCC for construction of the golf course when in fact only preliminary approval had been granted; Representing that the sole or primary cause of the delay in construction of the golf course was due to drought when in fact the primary cause was the group’s failure to obtain final council approval; Representing that the group had called for tenders for bulk earthworks for the construction of the golf course and were awaiting for the results of the tenders when in fact they had not yet called for tenders; Representing that the bulk earthworks for completion of the golf course would begin once tenders were received, when in fact the group did not have any reasonable grounds for making such a claim; and Representing, by implication, that construction of the golf course would soon be well under way and would not be subject to further delays when the group did not have reasonable grounds for making such a claim. OSL – Real Estate Software “at the heart of your business network” Real time Listing information immediately available to all of your offi ces • Information is entered once and available to all your agents and web sites – no multiple entry of information • Contact (CRM) activity is recorded from Appraisal through to Listing, Promotion (VPA) and the Sales process. OSL systems are set up to optimise your offi ce workfl ow • providing information solutions for over 10 years • implemented in over 1,000 offi ces across Australia and New Zealand • more than 200 real estate web sites with full reference number searching, using the latest search and management tools TM TM TM Contact your local representative email email@example.com phone Michelle 0420 304 055 Product range www.oslsoftware.com REIQ Journal December 2008/January 2009