The Australian Competition and Consumer Commission has instituted legal proceedings against Gary Peer & Associates Pty Ltd alleging misleading and deceptive conduct in respect to the advertising for the sale of the property at 341 Glen Eira Road, Caulfield, Victoria. The property was passed in at auction on 14 September 2003 for $781,000.
The ACCC alleges that in advertisements appearing in various media during August and September this year, Gary Peer & Associates Pty Ltd advertised the property at ‘price guide $600,000 plus buyers should inspect’ and later at ‘price guide $650,000 plus buyers should inspect’ which falsely represented the price at which:
- the vendors of the property were prepared to sell;
- the vendors of the property had instructed the respondent to sell;
- the respondent believed and was of the opinion that the property would be sold; and
- the market valued the property.
The ACCC further alleges that Gary Peer & Associates Pty Ltd did not have reasonable grounds for making the price representations about future matters that it did in these advertisements.
The ACCC is seeking:
- declarations;
- injunction;
- a specific trade practices compliance program;
- findings of fact; and
- costs.
A directions hearing has been set for 10.15 am on Monday, 2 February 2004 in Melbourne before Justice North.