Differences between the advertised brochures and scale models and the home actually handed over.
To take action against false advertising in the sale of a home, where there are substantial differences between what was advertised and what was handed over, you must set out every difference between the photos and/or scale models that reveals the breaches of contract, comparing the photo or brochure the developer gave you, detail by detail, with the reality. And this difference must be significant enough to convince the judge that “those variations” amount to a serious breach by the seller/developer.
Sellers will argue (while admitting the changes) that there were technical reasons justifying the changes, relying on the site management team’s own discretion to choose. That is not correct: if the changes were made for commercial reasons they are not binding on a customer who has already bought, and if they were made for technical reasons, the developer’s architect must give the reasons for the change.
But not every change is grounds for a claim: if, on the contrary, a change had improved any part of the works, it would obviously not be claimable. What must be shown is that the changes reduce the value of what you receive. And that the real reason for these modifications was to cut costs for the developer, causing genuine harm and a reduction in the value of the home handed over.
Our expert (or whichever expert you choose to bring the claim) must make the difference in the quality of your home clear, because in these matters the judges need to be shown that what appears in a brochure or scale model was NOT built, and that it was an essential item, or at least a weighty or decisive reason for the purchase.
Consider the difference, simplistic as it may be: it is not a matter of a door being painted a different colour (that is not an essential element, however different green is from brown); but if the scale model showed a certain number of windows, it can be argued that enjoying X windows facing every direction, for more light, and views, was a decisive factor, so if one is removed, they are altering the content of what was contracted.
The damage found must be something the reader can almost “feel” and “suffer” just by looking at the expert report. As a criminal lawyer who defended drug trafficking cases used to say, “you have to be able to ‘smell the drugs’ in the case file”. In other words, the expert report must expose the huge difference between what was advertised and what was handed over.
The omissions must be significant enough and defensible by the author of the report, and presented so empirically and so instructively that, through the quality of the photo, the explanation, the angle from which it was taken, etc., the “absence” of what was promised in the contract is clearly visible and beyond doubt. The brochures and scale models form part of that contract.
Finally, you need to be prudent in the proposed repair: we can tell you in advance that a judge knows perfectly well when damage is serious (such as differential settlement), or something that makes the house completely unfit for the purpose for which it was bought. And judges are reluctant to award exaggerated or very large amounts of compensation. But you can demand compensation, or the reinstatement of the elements that were promised to you through false advertising or suggested through brochures or scale models, and which turn out to be far removed from what you were given.
You can tell us about your case so that we can study it and advise you, free of charge and with no obligation on your part.
Any questions?