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Consumer ProtectionWAMEDIUM

A buyer in WA relies on a property information report provided by the agent that contains incorrect zoning information. What consumer protection remedy may be available?

Correct Answer

D) Damages or rescission for misleading or deceptive conduct under the ACL

If a buyer relies on incorrect information provided by the agent and suffers loss, they may have a claim for misleading or deceptive conduct under the Australian Consumer Law. Remedies may include damages, rescission of the contract, or injunctions. The agent has a duty to ensure the accuracy of information provided.

Answer Options
A
None, because buyers are expected to verify zoning independently before signing
B
A complaint to Consumer Protection, which can order the agent to refund the price
C
A claim against the local council only, since the council keeps the zoning records
D
Damages or rescission for misleading or deceptive conduct under the ACL

Why This Is the Correct Answer

Wrong zoning information that the buyer relied on can be misleading or deceptive conduct under section 18 of the ACL, and courts can award damages or rescind the contract.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

incorrect informationmisleading conductdamages
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