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Consumer ProtectionQLDHARD

A Queensland real estate agent's licence is suspended for serious misconduct. During the suspension the agent keeps conducting sales through an unregistered assistant. Which of the following is correct?

Correct Answer

D) Both the suspended agent and the unregistered assistant commit offences under the Act

A suspended licence authorises nothing, so an agent who carries on sales through another person is acting as an agent without a licence, which is an offence under the Property Occupations Act 2014 (Qld). The assistant, who is not registered as a salesperson, also commits an offence by performing real estate activities. Neither can lawfully recover a reward for the work, and the conduct will support further disciplinary action.

Answer Options
A
The sales stand and the only consequence is that the agent must refund the commissions
B
No penalty applies until the regulator gets a court order
C
Only the assistant faces penalties, since the suspended agent did not do the work personally
D
Both the suspended agent and the unregistered assistant commit offences under the Act

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Related Topics & Key Terms

Key Terms:

suspended licenceunregistered personconsumer remedies
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