Difference in advertisement and inclusions

Hi guys,

I am about to submit deposit money with Rawson and need your advice on this false advertisement situation.

The advertisement flyer for the property said 14kw aircon included. However when I went to deposit money, they said aircon $11k is part of upgrade and not in standard inclusions.

They said it's a marketing dept mistake that they mentioned aircon in flyer. I told them that my buying decision was based on advertisement and I would like it to be included. They said it's highly unlikely that they would agree.

What are my options, the house is reasonably priced and I don't know want to miss this opportunity

Your advice is appreciated.

Thanks
Andy

Sounds illegal. Have they since fixed the advertisement or is it still the same?

Have a look at this https://www.accc.gov.au/publications/ad ... ve-conduct

Thanks for the link Gravy.

The ad is still there. I have pdf copy of advertisement flyer from email as well as pdf of the realestate website ad.
I am contemplating if I should pay deposit and then start negotiating as I may loose this deal if I just wait for their response. I am afraid that they may give this deal to others as pricing is reasonable. Once I pay deposit and even I sign the contract, I should be able to take this case further.

I would refer the company to this:

https://www.accc.gov.au/consumers/misle ... ing-claims

I definitely would not be paying any deposit until you have some sort of resolution. No harm in putting a phone call to ACCC and then advising the builder of the outcome.

Good luck

If you press them I think they will include it. You are holding all the cards at the moment. That orange carpet promo looks fantastic. Will you be getting all of that? They offered us the promo for nothing when we signed the tender within 7days.

What advertisement flyer do you have? Is this the Orange Carpet Promo or did you just pdf a website? Are you intending to build with LUX inclusions or KEY inclusions?

Hi anonymous, Fee121

This is pdf of their specific property listing ad in realestate with lot no, rawson Web site ad of the specific property and also email sent by them. Even the printed flyer for the property that they presented in the meeting had same details.

I am building with key inclusions as they said I don't have Lux inclusion option. Thanks for the lead. I will check that also.

But the main issue here is they have one thing on the property ad and another when signing the contract. Inclusion as per ad but made part of upgrade in the contract.

If they are dishonest at this stage, and you get into a legal situation as soon as as you have paid the deposit then I can't see the build going well.

A cheap initial cost doesn't necessarily mean an overall low build cost.

There are plenty of opportunities for a builder to boost costs such as:

• Inflated rates for other upgrades
• High 'Site Works' costs
• Extra work on 'Provisional Items' which will be hard to dispute unless you have the knowledge and are on site all the time.

Hi all- Thanks for your assistance.

The developer has agreed to offer discount $5k. I am going ahead with it.
Also they have removed the incorrect ad from the website.

That's a great outcome! Sounds like they are being reasonable.. especially when they know they stuffed up with the advert! Hope that the build goes well too! Any estimates on when your build will start?