From the following scenario. What section of the Fair-Trading Act 1986 has been breached? If appropriate, what section of the Contract and Commercial Law Act 2017 would enable the customer to claim a remedy?

Scenario:

Henry and Alice had found their dream home. When they first viewed the property, the salesperson had indicated the shrub line as being the boundary and commented on the large lawn area within that boundary. The salesperson told Henry and Alice that the current owner had been planning to put in a swimming pool as there was plenty of room and pointed out that it was the sunniest spot in the garden. Henry and Alice were delighted to hear this and told the salesperson they also wanted to put a large swimming pool in, and if the large lawn area was also the sunniest spot, then that sounded perfect! Henry and Alice purchased and moved into their new home. Three months later they engaged a pool company to start building their swimming pool. The pool company had the property boundary surveyed to ensure they could go as close to the boundary as possible. Henry and Alice were shocked to be told that the boundary was not where the shrub line was at all, but two metres inside it. This meant that they would not be able to have a large swimming pool there as planned. Henry and Alice were very disappointed and immediately made an appointment to speak with their lawyer about claiming compensation for not being able to put in a large pool as expected.

REF:

Contract and Commercial Law Act 2017 No 5 (as at 24 August 2023), Public Act Contents - New Zealand Legislation

Fair Trading Act 1986 No 121 (as at 10 July 2023), Public Act Contents - New Zealand Legislation

Answer rating: 100% (QA)

In this scenario the salesperson misrepresented the property boundary to Henry and Alice leading the... View the full answer