Soul penthouse court battle against buyer by Juniper
A real estate salesman allegedly convinced Brisbane entrepreneur Carmelo Caltabianoa that the Soul, Surfers Paradise luxury penthouse apartment was worth $16.85 million because a similar nearby apartment sold for $20 million.
The buyer believed him but didn't check the salesman's claims, the Brisbane Supreme Court heard this week.
But the $20 million apartment had not sold at that price in the Jade complex.
The discussion is central to the long-awaited legal dispute between entrepreneur Carmelo Caltabiano and development company Juniper Property Holdings over the sale of a Gold Coast penthouse.
Juniper is suing Carmelo Caltabiano for allegedly breaching the sales contract for the four-level apartment.
He said he trusted the company because he had previously purchased property on the Sunshine Coast from Juniper.
Caltabiano was at the Gold Coast having a drink in April 2006 when he saw a display for Soul apartments.
He spoke to the salesman and noticed the penthouse was priced at $16.85 million.
He bought after the salesman phoned him later saying a penthouse apartment in another building had sold for $20 million and another apartment, which was about half the size of his intended purchase, sold for about $7.8 million.
The penthouse atop the Soul Surfers Paradise tower on the Gold Coast sold for $7 million at McGrath auction in March this year to businessman Tony Fung.