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Ethics ComplianceQLDMEDIUM

A Queensland real estate agent becomes aware that their salesperson has been accepting secret commissions from a building inspector for referrals. The agent should:

Correct Answer

B) Stop the practice, tell affected clients and report it to the Office of Fair Trading

Taking undisclosed payments for referrals is a secret commission, an offence under the Criminal Code (Qld), and it breaches the duty to disclose referral benefits to buyers under the Property Occupations Act 2014. A principal who fails to supervise staff or ensure they comply with the Act is exposed to disciplinary action. The principal should stop the practice at once, tell the affected clients and report the conduct to the Office of Fair Trading.

Answer Options
A
Treat it as the salesperson's private arrangement, since the agency itself received nothing
B
Stop the practice, tell affected clients and report it to the Office of Fair Trading
C
Allow it to continue as long as the fees are recorded in the agency's own books
D
Raise it at the next trust account audit rather than acting straight away

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Related Topics & Key Terms

Key Terms:

secret commissionssupervisory dutyimmediate action
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