Impacts in the Developers Selling Land †MyAssignmenthelp.com

Question: Discuss about the Australian Consumer Law Impacts in the Developers Selling Land. Answer: Discussion The Consumer Law has been introduced for the fair trading and provides protection for the consumer. It has enforcement of the laws in the Australian Government and the States and Territories where they monitor the Legislative and Governance Forum according to the implication of Australian Law. The sale or grant of interest in land also controls the Australian Consumer Law through all over the States. The supply or delivery of the financial products or services also covers under the Australian Consumer Law (Consumerlaw.gov.au, 2017). The Australian Consumer Law has important impacts in the developers selling land because it controls the selling and purchasing the land. On the transaction of real estate the Australian Consumer Law has uses their own law of applications which helps to identify the issues in the trade or commerce. The misleading or the deceptive conducts is one of the pat in the Australian Consumer law which applied for the trade or commerce. The application of law of the deceptive conducts also works on the unfair contract terms where the consumer contract has recognized as void in the practice of the trade or commerce purposes. The ACL also provide protection and safety for the consumer goods and product-related services. Therefore the enforcement of information standards is another part which also formed by the ACL. It is actually regulates the consumers for the sale or grant or any interest regarding the acquisition of personal, domestic or household use or consumption. It also regulates consumer guarantees for the sale and goods which includes: The right to sell and deliver the goods of the supplier. The possession which require for the delivery of the goods of the consumer. The goods should be free from every undisclosed securities or charges. The delivered goods should be safe from ay disputes and must acceptable in the appearance and finis. The delivered goods should be according to the description as per the seller. The manufacturer must have proper facilities for repairing the goods. However for the building industry there are varieties of regulation in ACL for associated with the every issue in the building purposes. Under the Australian Consumer law the consumer contract has been made where the contract provides the information regarding the selling and buying of the land for the personal, domestic or household. The Australian Consumer Law set the standards of the contract where a contract has been developed between the developer and an individual for selling any land or goods where a particular standards has been set unless the develop has the right to go to the court (Corones Christensen and Howell 2016). Normally any sale contract always introduced according to the standards of contract. According to the standards of contract of Australian Consumer Law when the developer set the agreements or contract the selling agent records every negotiations regarding the selling and purchasing of the land. However the ACL helps to ensure that the consumer can negotiate with the terms when they are selling or purchasing the lands. According to the standards of the contract in ACL defines the both misrepresentation and unfair contract terms (Consumerlaw.gov.au, 2017). Misrepresentation: The misleading or deceptive conducts or misrepresentation in the trade and commercial has been prohibited from the beginning of the Australian Consumer Law. The section 18 of the Australian Consumer Law provides the legislation where the misleading or deceptive conducts are prohibited. The consumers and the developers both can use the legislations of the sec-18 of the consumer law to comply with the business ad every legal proceeding regarding the building business (Corones Christensen and Howell 2016). The selling agents and business developers are bound to make it sure that the consumers must have knowledge about the practice of the misrepresentation according to the Australian Consumer Law. The developers and the gents must prohibits their staffs from the engaging in the behavior of misleads or deceives. The misrepresentation includes different types of prohibitions according to the Australian Consumer Law (Consumerlaw.gov.au, 2017). Those are: When the developer or the selling agent misleads the client intentionally When the developer or the selling agent intentionally encourage the consumers for a wrong conclusion When developer or the selling agent provides the information which is factually correct but represents false impression When the developer or the selling agent knows the correct information but never correct the misunderstandings. When the developer or the selling agent not updates every information regarding the rules of the Australian Consumer Law. When the developer or the selling agent intentionally not inputs any information regarding the contract with the consumers. When the developer or the selling agent has making false, exaggerated or inaccurate claims in the contract of selling without the knowledge of the client. When the developer or the selling agent stay silent about any disputes on their building material which affect the consumers then it also treated as misrepresentation by them (Corones Christensen and Howell 2016). The misrepresentation is recognizing as a common law of actions where the false or misleading representations in property transactions is one of the recognize part in the Australian Law. The developers and the every individual are the part of the purchasing or selling the property along with these obligations. The developer, agents and individual both of them are works under these obligations (Corones Christensen and Howell 2016). When the misrepresentation is occur at the time of dealing of the sell and purchase the property the sec- 30 of the Australian Consumer Law stated the legislations of prohibits false or misleading conduct in connection with the sale, or possible sale. The statutory position of the misrepresentation of the land purchasing has several impacts which are connected with the sale, or possible sale, of an interest in land (Consumerlaw.gov.au, 2017). Those are: The misconducts sale, or possible sale, of an interest in land is connected when according to the sponsorship, affiliation or approvals of the statement which is depend on the person who is making the decision. According to the nature of the land also depends and applies the law on the statutory position of the misrepresentation. The amount or capital or price has been paying on that particular land. The geographical location of the land also decides the statutory position of any contact (Corones Christensen and Howell 2016). The owner of the land or the person who belongs to the land or who is capable to use the land by lawfully also depends on the statutory position of the agreements. The existence of the land where it has rights to make the availability regarding the use of the land. However the misrepresentation can be defines in various ways where it shows the existence and establishment such facts can be verbal or written. The misrepresentation only covers those parts where the statement has been stated. It there is any reliance establishes regarding the representation or the detriments are suffered due to the result of the reliance. In the case of Miletich v Murchie (2012) it has been found that the misrepresentation has been established by the verbal representation in accordance with the misleading advertising material. In this case the court has been determined that the disclaimer never release the liability according to the material of the contract (Corones Christensen and Howell 2016). Therefore it is the duty of the purchaser to depend only for the representation according to the circumstances. In another case, Australian Competition and Consumer Commission vs. Metricon Homes Qld Pty Ltd [2012] the misrepresentation has been stated in an advertising mate rial. Therefore in the misrepresentation the Build Time Guarantees when are not able to provide the advertised costs. Though not only the developers but also the agents are bound identify the misrepresentation while they involved in the selling and buying. When any false statement or intentional misstatement has stated for a person in the contract then it will recognize as misrepresentation (Consumerlaw.gov.au, 2017). The sec- 18(1) defines that the no one who is engage in the trade or any commerce business never allow to represents any statements which is inappropriate and established a misleading or deceptive conducts in the business (Corones Christensen and Howell 2016). According to the Australian Consumer Law the sec- 151 defines the amount of penalty for misrepresentation conducts which amount could be $1,100,000 for a body corporate and $220,000 for individuals (Corones Christensen and Howell 2016). The ACL has its own significance for the application of the legislation for the developers to sell and purchase the land or property to the consumers. However the developers and agents are using the legislation while they are applying the legislation in the property contracts for making the fair deal (Corones Christensen and Howell 2016). The ACL applies the legislations to establish a fair reason where they make the consumer contract for the sale or grant of an interest in land according to the position of the land which covers the ownership of the property. The contract of sale has operated under a strata title and land sold off-the-plan according to the standards of the contract (Consumerlaw.gov.au, 2017). In another case of Gough Anor v South Sky Investments Pty Ltd [2011] of the Australian where the Supreme Court of Queensland stated a decision where the importance of the transaction in written contract has been found. In this case the court has found that the purchaser of the land has taken legal actions against the seller or vendor for delivering them a completely different apartment which has no significance according to the written contract (Consumerlaw.gov.au, 2017). Therefore according to the Australian Consumer Law the seller has breach the agreement. According to the agreement the seller should deliver the accurate product to the purchaser but he failed to deliver the product. It is one of the examples of the misrepresentations (Corones Christensen and Howell 2016). Unfair Contract Terms: The Australian Consumer law defines the structures of the application of the unfair contract terms in the consumer contract with the developers in the property contract. The unfair contract terms define the standards where void contract terms has been establishes. The void contract represents the unfair treatments only when the individual parties are require to have services or products which are wholly or predominantly for personal or related with the household uses. For the set of the standards of the contracts the Australian Consumer Law has introduced several terms which represents the unfair contract terms. In the bargaining power the party or the consumer has more power to negotiate the transactions (Corones Christensen and Howell 2016). The contract preparation depends when the both of the party prepared for the negotiation process. When the parties are bound to accept the terms of the contract to take it or leave it. The parties have the opportunities to negotiate the contrac t which will be effective for the building contract (Corones Christensen and Howell 2016). They also looks for the proper transactions according to the contract. According to the Australian Consumer law legislations the matters only prescribed according to the regulations (Consumerlaw.gov.au, 2017). Therefore there are certain terms are represents the significance whether the terms are fair or unfair in the consumer contracts. The Australian Consumer Law defines various examples where the unfair terms have been described (Corones Christensen and Howell 2016). It may include: To terminate or vary the consumer contract. The price will depend according to the capability of the buyer to terminate the contract according to the contract law. The characteristic or the implication of terms are also depends on the property which will be sold to the buyer. The unilaterally interpretation on the contracts which may breach or not. The establishment of the meaning also depends on the unilaterally interpretation for the unfair agreements. The terms also prepare the rights to make allegations to one party to another party. When the terms of the contracts have been breached then it will also recognize as the unfair terms of the contracts. For the determination of the unfair terms the Australian Consumer Law has set the terms which are considered by the court (Corones Christensen and Howell 2016). According to the transparency of the contract terms like the formation of the contract whether it has been written in English with proper meaning and the structures of the contracts. The contracts terms only represent the fair terms when the parties mutually confirm the price in the contract. The fair terms also defines when it describes the subject matter of the contract according to the requirements which are permitted or have accesses according to the Australian Consumer Law (Consumerlaw.gov.au, 2017). In the case of Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) the unfair terms has been conducted due to the breach if the contract terms. It has been found that the parties always have some common intention where they understand the context of the terms in the contract but failed to serve according to the terms. The unfair terms has been conducted only for the breach of the terms (Corones Christensen and Howell 2016). In the Qin v Smith (No. 2) [2013] case it has been found that breach of contract justifying termination, and anticipatory breach according to the settlement of the purchaser and the seller of the said property (Corones Christensen and Howell 2016). Nowadays, the developers are trying to minimize the challenges in the purchasing and selling the lands regarding the use of the terms under the contracts. They all first try to check all the terms regarding the balance and paying the attention on the unilateral rights to the seller. The reviewing the terms and proceed according to the court rules where both party will have the riht to negotiate the terms according to the relevant contractual context. They also review the terms for maximizing the prospects of the process of the court where they need t provide proper justification for the terms and considers every incorporating outlines and acknowledged the matters. The developers also review the terms and operate according to the detriment of the other party (Consumerlaw.gov.au, 2017). When a term has been considered in the favor of the seller, there must have other presences of the legitimate interest for the identification f the contract. Therefore the consideration is mandatory for the future disclosures according to the application of the legislations and the rules of the Australian Consumer Law (Corones Christensen and Howell 2016). References Australian Competition and Consumer Commission v Metricon Homes Qld Pty Ltd [2012] FCA 797 (Metricon) Butler, D., Christensen, S., Willmott, L. and Dixon, B., 2013. Contract Law Case Book. Consumerlaw.gov.au. (2017). Australian Consumer Law. 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