Agent escapes liability for misleading conduct

The NSW Court of Appeal has confirmed a decision that held a real estate agent was not liable for misleading and deceptive conduct after representing to a client that she would have private parking on a property sold to her in 2015. Hyder v McGrath Sales Pty Ltd [2018] NSWCA 223 concerned the purchase of a $9.4 million residential property by Ms Hyder, who believed a representation made by a real estate agent that she would have private parking at the property. However, the property was a battle axe lot that shared a driveway, meaning the appellant would not have exclusive parking rights.

While the Court ultimately found that the real estate agent had made a misrepresentation under s18 of the Australian Consumer Law, they were not convinced that Hyder suffered any loss as a result of it. They stated that there was no evidence to suggest that had Hyder known the true nature of the parking arrangements, her decision to purchase the property would have been affected.

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