AustraliaA real estate ad claimed the property had ocean views but trees block the view. Is this misleading?
Yes, claiming 'ocean views' in a real estate ad when trees block the view is likely misleading under Australian consumer law, as it creates a false impression about a key feature of the property.
What the Law Says
Australian consumer law strictly prohibits businesses from making false or misleading claims about goods or services — including real estate listings.
Under the Australian Consumer Law (ACL), it is unlawful for a person in trade or commerce to make a false or misleading representation about a key attribute of a product or service. A property's view is considered a material feature that can significantly affect its value and appeal.
If an advertisement states the property has 'ocean views' but mature trees fully or substantially obstruct that view, the statement may mislead consumers about what they are actually purchasing — especially if the view is not reasonably obtainable from typical vantage points (e.g., main living areas or balconies).
The ACL applies nationally and is enforced by the ACCC and state/territory fair trading agencies. Real estate agents and vendors are held to a high standard of accuracy in advertising.
Statutory TextA person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
— Australian Consumer Law, s. 18 — Misleading or deceptive conduct
What to Do
Check the ad and compare it with recent photos or an on-site inspection — note whether the view is obstructed from key areas.
Raise the issue with the agent in writing, requesting clarification or correction of the ad.
Lodge a complaint with your state’s fair trading agency (e.g., NSW Fair Trading, Consumer Affairs Victoria) or the ACCC.
If you’ve already purchased, seek legal advice promptly — remedies may include compensation or contract rescission in some cases.
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.