Nasser v Sima Real Estate Pty Ltd atf Asset Realty Agents; Sima Real Estate Pty Ltd atf Asset Realty Agents v Nasser

The case involved Margaret Nasser, a consumer, and Sima Real Estate Pty Ltd trading as Asset Realty Agents, a real estate agency. The dispute centred on Nasser’s claim against the agency for misleading and deceptive conduct, breach of contract, and misrepresentation of the sale price in the marketing campaign. The agency counterclaimed for marketing expenses and other costs allegedly incurred due to Nasser’s actions. The case was heard in the Consumer Affairs Victoria (CAV).

The central legal issues revolved around whether the agency had engaged in misleading or deceptive conduct and whether it had breached the contract by underquoting the sale price. Additionally, the court had to determine if Nasser was misled into signing the agency agreement and if she was liable for the agency’s marketing expenses. The court also needed to assess whether Nasser had altered the sales agency agreement.

The court ruled that Nasser was liable for the agency’s marketing expenses, finding that she had not provided evidence to substantiate her claims of misleading or deceptive conduct or misrepresentation. The court held that the agency had not breached the contract by underquoting and that Nasser had not been misled into signing the agency agreement. Consequently, the agency was awarded the sum of $3725.45 from Nasser, and Nasser’s application was dismissed. The court's decision was based on the evidence presented and the lack of substantial support for Nasser’s claims.