Property Law Research Based Assignment

Question One:  

Alex wants to buy a property. However, he has found a property he really likes and it is right up to the limit of his ability to finance and he has to use all of his savings.  Alex tells his conveyancer that he can only afford this property if it only needs some superficial work done - such as painting and some garden work.  He says that he really can't afford to buy a property which has any major structural work or repairs that need to be done.

When Alex attends the property that he really wants to buy, one of the wooden boards on the deck cracks under his foot.  He talks to his conveyancer about this and the conveyancer recommends that he does a Building and Pest Inspection. Alex believes that the conveyancer is just trying to order expensive and unnecessary reports and he asks the conveyancer how reliable the reports are.  The conveyancer says, "Of course there can be problems that the inspector doesn't pick up. It's a decision for you." Alex is not convinced that the report is worthwhile and says not to get the report. 

After settlement, Alex discovers that termites have infested the decking and it will all need to be replaced.  This will cost about $10,000. Alex is very angry and contacts his conveyancer and tells the conveyancer that it is his fault and the conveyancer should pay for it. 

What  legal issues arise in this scenario?

Question Two:

Vacant land is advertised by a real estate agent as "Peaceful" and "Idyllic". Brochures have been distributed with "Ideal for your dream style of living."

However on review of the contract for the land, it is clear that local council will only allow residential houses to be built on a very small part of the land, because it is affected by state government plans to widen the road next to the land. Discuss whether there has been any breach of the Australia Consumer Laws.

Question Three:

Jenny went through difficult time after losing a job and used her credit cards to pay for her day to day living expenses while she struggled to pay her mortgage.  She didn't want her family to know anything about her financial troubles, so she continued to spend money they way she had while she was working. The credit card debt increased rapidly and now Jenny can't manage it.  She just recently got a job  but she can't sleep at night due to the stress and this impacts on her ability to concentrate at work. Jenny has come to see a conveyancer to sell her house but Jenny would prefer to try and keep the house, if she could. What could the conveyancer advise her about?  

Question Four:

Toni let two salespeople into her home one day, who came to the door and offered to test the ‘voltage output’ of her electricity.  While they were conducting their test, they showed Toni brochures on solar panels and told her that the reading of her home’s ‘voltage output’ was much less than what the solar panels could offer. Toni was impressed and signed the contract for $12,500 worth of solar panels.  She later discovered that she could have actually bought solar panels through other companies much more cheaply and there was no such thing as ‘voltage output’ anyway. Toni now feels like she has been conned.  Does Toni have any rights under Australian Consumer Law.