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Agency PracticeQLDHARD

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.

Answer Options
A
Refuse to act for either party and refer both of them to a different agency
B
Act for both parties after disclosing the conflict and getting each party's written consent
C
Not act for the buyer, because that would conflict with the duty owed to the seller
D
Seek approval from the Office of Fair Trading before acting for both parties in the sale

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Related Topics & Key Terms

Key Terms:

dual agencywritten consentconflict of interest
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