Has joseph engaged in misleading or deceptive conduct

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Reference no: EM133474520

Question: Joseph, a builder, recently bought a block of commercial land and on it she built a complex of five adjoining business premises. Joseph is also a real estate agent. He has been busy finding buyers for the business spaces.

Joseph prepares advertisements to attract potential buyers. The advertisement describes the location as "peaceful."

Amber runs a relaxation spa in the next suburb, and she has been looking for a new location to expand her business. She sees Joseph's advertisement and attends an inspection on a Saturday afternoon. Amber looks around, and Joseph provides various details about the buildings. "And what a lovely quiet location!" says Amber. "Mmm" replies Joseph. She loves the space and purchases it for her business. After moving in and setting up her relaxation spa lounge, Amber discovers that the location is not in fact peaceful. There is a factory located directly behind her building, and when the factory machinery is running it produces a lot of loud noise. The noise means that her regular clients cannot relax while they are using the spa, and they stop coming. Within two months, Amber's business fails.

Has Joseph engaged in misleading or deceptive conduct as prohibited by section 18 of the Australian Consumer Law?

Reference no: EM133474520

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