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Property MarketingQLDHARD

A Queensland agent engages in 'dummy bidding' at an auction by arranging for a friend to place false bids to drive up the price. This conduct is:

Correct Answer

D) Unlawful, as an undisclosed bid for the seller and misleading conduct toward bidders

A bid made on the seller's behalf counts as a seller bid under the Property Occupations Act 2014 (Qld). It is allowed only if the conditions of sale reserve the seller's right to bid, and the auctioneer must disclose to other bidders that it is a seller bid and cannot accept one above the reserve. A friend placing disguised bids breaks those rules, is misleading conduct under the Australian Consumer Law, and exposes the agent to disciplinary action; a contract made in breach of the seller-bid rules can also be voidable by the buyer before settlement.

Answer Options
A
Allowed, provided the right to make such bids is disclosed in the auction conditions
B
Regulated but not prohibited, as long as the auctioneer records every bid made
C
Unlawful only if the property ends up selling above its assessed market value
D
Unlawful, as an undisclosed bid for the seller and misleading conduct toward bidders

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Related Topics & Key Terms

Key Terms:

dummy biddingcollusive biddingcriminal offence
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