False /Misleading Advertisment?

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emkat

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Dear All,

Here are the facts:

1. Buyers have bought into a gated developement project marketed as " exclusive,low density, bungalow enclave"

2. A few years hence, the Developer intends to now build 44 units of Semi-Detached houses;

3. Bungalow buyers are up in arms as they claim that they were not aware of such plans. No mention whatsovever was found in the Developer's Marketing brochures, webiste, print ads or even in Sales & Purchase Documents tht the Buyers had initialed at the pages.

4. Developer maintains that it was in the MAster Pla all along if only the buyers had bothered to ask the right questions or checked properly.

5. Developer continues to market the project as " exclusive bungalow enclave"


Q: What is the Buyers legal position on this? Has the developer been deceptive? Does the Buyer have the right to any legal redress?

Thanks for opinions and advice!
 
What, if anything, do you have in writing agreed to by you and by the sellers concerning this?

(The advertising is just that...advertising. Let the buyer beware and all that stuff.)
 
Dear Senior Judge,

Well theres are 2 contractual documents. One being the Sales & Purchase Contract and the other being the Deed of Mutual Covenant which governs the gated community ( e.g no fencing allowed, no gates etc ). In the S&P, there is a page with a bird's eye view of the entire development ( lot sizes etc ). There is also an area which clearly marks out smaller plot sizes presumably meant for these Semi dees but contains no footnote of any such future development plans. For many, these can interprated as merely graphical fill of the empty areas within the map.

It would appear this looks like a lost cause?
 
Based solely on the info in your posts, you have no case.
 
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