AustraliaA property was advertised as 'flood-free' but it flooded within months. What legal action can I take?
You may have a claim under the Australian Consumer Law for misleading or deceptive conduct, false representation, or breach of consumer guarantees — especially if the 'flood-free' claim was made in advertising or during sale negotiations.
What the Law Says
The Australian Consumer Law (ACL) prohibits businesses from making false or misleading claims about goods and services — including residential property — when engaged in trade or commerce.
If a seller or agent advertised the property as 'flood-free' and that statement was false, it may breach section 18 of the ACL, which prohibits misleading or deceptive conduct in trade or commerce.
Section 29(1)(g) specifically prohibits false or misleading representations about the 'history' of goods — and courts have interpreted 'history' to include past flooding events or flood risk status.
Additionally, section 64 of the ACL implies a consumer guarantee that services (e.g., real estate agency services) will be rendered with due care and skill — so an agent who negligently misrepresents flood status may also breach this guarantee.
These protections apply even if the seller is a private individual acting 'in trade or commerce' — for example, through repeated sales or via a real estate agent.
Statutory TextA person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 18 — Misleading or deceptive conduct
Statutory TextA person must not, in trade or commerce, make a false or misleading representation that goods… have a particular history…
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 29(1)(g) — False or misleading representations about history
Statutory TextThere is a guarantee that services will be rendered with due care and skill.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 64 — Guarantee as to due care and skill
What to Do
Gather evidence: save all advertisements, emails, brochures, or verbal statements claiming the property was 'flood-free'.
Check flood maps: obtain official flood data from your state’s emergency management or land services authority (e.g., NSW Spatial Services or VicPlan).
Contact the seller/agent in writing to outline the misrepresentation and seek resolution (e.g., compensation or contract termination).
Lodge a complaint with your state’s consumer affairs agency (e.g., NSW Fair Trading or Consumer Affairs Victoria).
If unresolved, consider applying to the relevant state tribunal (e.g., NCAT or VCAT) — claims up to $500,000 are typically heard there.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.