AustraliaI paid a deposit for an off-the-plan apartment and the developer misrepresented the size. What can I do?
You may be entitled to rescind the contract and recover your deposit if the developer made a false or misleading representation about the apartment size under the Australian Consumer Law.
What the Law Says
The Australian Consumer Law (ACL) prohibits businesses from engaging in misleading or deceptive conduct when selling goods or services — including off-the-plan residential property.
Under section 18 of the Australian Consumer Law, it is unlawful for a person, in trade or commerce, to engage in conduct that is misleading or deceptive or is likely to mislead or deceive. This applies to representations made by developers about apartment size — such as floor area, number of bedrooms, or layout — in marketing materials, contracts, or sales pitches.
If the developer stated a specific size (e.g., '75 sqm') but the final registered plan shows significantly less (e.g., 62 sqm), and that difference was not disclosed or qualified (e.g., 'approximate' or 'subject to survey'), this may constitute a breach of ACL s. 18.
A breach of ACL s. 18 gives you rights to remedies including rescission (cancellation) of the contract and recovery of your deposit, even if the contract contains a 'no cooling-off' clause — because ACL protections cannot be excluded by contract.
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 — Australian Consumer Law, s. 18
What to Do
Gather all documents: contract, marketing materials (brochures, website screenshots, emails), and the final registered plan or strata report showing the actual size.
Send a formal written notice to the developer stating that the representation about size was misleading under ACL s. 18 and requesting rescission and full deposit refund.
If the developer refuses, lodge a complaint with your state’s consumer affairs agency (e.g., NSW Fair Trading, Consumer Affairs Victoria).
Consider seeking legal advice — you may commence proceedings in the relevant state tribunal (e.g., NCAT, VCAT) or federal court for ACL remedies.
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.