A licensed real estate agent in Queensland wishes to act for both the buyer and seller in the same transaction. Under the Property Occupations Act 2014, the agent must:
Correct Answer
C) Not act for the buyer, because that would conflict with the duty owed to the seller
Under the Property Occupations Regulation 2014 (Qld), made under the Property Occupations Act 2014, a property agent must not accept an appointment, or continue to act, if doing so would place the agent's duty or interests in conflict with the client's interests. An agent appointed by the seller owes the seller a duty to get the best price, which cannot be reconciled with acting for the buyer in the same sale. The agent keeps acting for the seller and must not take on the buyer.
Why This Is the Correct Answer
Queensland's conduct standards say a property agent must not accept an appointment, or continue to act, if that would put the agent's duty or interests in conflict with the client's interests. Acting for the buyer while appointed by the seller does exactly that, so the agent stays with the seller and declines the buyer.
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