AustraliaA property developer's marketing material showed amenities that were never built. What's my recourse?
You may have a claim under the Australian Consumer Law for misleading or deceptive conduct, false representation, or breach of consumer guarantees — and can seek remedies including compensation, contract termination, or injunctions.
What the Law Says
Australian Consumer Law (ACL) prohibits developers from making false or misleading claims about property features — including promised amenities like pools, gyms, or communal spaces — whether in brochures, websites, or sales presentations.
The ACL applies automatically to all consumer transactions in Australia, including off-the-plan apartment purchases and land-and-build contracts. If marketing material represented amenities as existing, planned, or guaranteed — but they were never built — this may breach several key provisions.
Section 18 of the ACL prohibits conduct that is 'misleading or deceptive or likely to mislead or deceive' — even if the developer did not intend to mislead. Courts treat marketing materials as representations to consumers, especially when they influence purchasing decisions.
Section 29(1)(i) specifically bans false or misleading representations about 'the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy'. Promising an amenity that is never delivered falls squarely within this provision.
Section 60 provides a consumer guarantee that services (including development and construction services) will be rendered with due care and skill — and that any representation made about the service (e.g., inclusion of a rooftop garden) must be accurate.
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 the goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 29(1)(i) — False or misleading representations
Statutory TextThere is a guarantee that services will be rendered with due care and skill, and that any representation made about the services will be accurate.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 60 — Guarantee as to due care and skill
What to Do
Gather all marketing materials (brochures, emails, website screenshots, floor plans) showing the promised amenities.
Review your contract and disclosure documents to see whether amenities were included as contractual terms or merely promotional.
Lodge a complaint with your state’s fair trading agency (e.g., NSW Fair Trading or Consumer Affairs Victoria).
Seek legal advice to assess whether to pursue compensation, contract rescission, or a class action — especially if multiple buyers were affected.
Act promptly: while the limitation period for ACL claims is generally 6 years from the cause of action, earlier action preserves evidence and 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.