Hi there. Buying property off-the-plan is a risky endeavour as the final product may differ from what you expected and may be worth less than what you paid by the time it is finished. It is very important that potential buyers read the contract to ensure, as best as possible, that they understand what kind of property they are purchasing and what their rights will be if something goes wrong.

If your contract did not state that the unit would be built to suit the needs of a person with a disability, and you were not otherwise informed of this information, then you may have a legal claim based on ‘misrepresentation’. This is a legal claim that can be made when one person makes a false statement intended to induce another person to enter the contract. If the vendor failed to tell you that the unit would not have these special modifications, and you entered the contract on this understanding, then you may have a right to claim compensation from the vendor and/or a right to get out of the contract (depending on what stage of development the unit is at).

Suggested way forward

Based on the limited information you provided, and without reviewing the sale contract, is very difficult to determine whether you have a legal claim against the vendor. You should consider lodging a formal complaint with Fair Trading NSW (www.fairtrading.nsw.gov.au) about the conduct of the vendor. You should also consider speaking to a property lawyer who can fully advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.