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Ethics ComplianceQLDMEDIUM

A Queensland real estate agent discovers that a property they are listing has significant structural issues. The agent's ethical and legal obligation is to:

Correct Answer

D) Tell prospective buyers about the known defects so they are not misled

While an agent has duties to their seller client, they also have a legal obligation not to engage in misleading or deceptive conduct. Known material defects must be disclosed to prospective buyers. Concealment exposes the agent to liability under the ACL and the Property Occupations Act 2014.

Answer Options
A
Disclose the defects only if a buyer asks a direct question about the structure
B
Leave it to each buyer's building inspector, since buyers must inspect for themselves
C
Keep the defects confidential, because the agent's duty of loyalty runs to the seller
D
Tell prospective buyers about the known defects so they are not misled

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Related Topics & Key Terms

Key Terms:

material defectsdisclosure obligationmisleading conduct
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