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Ethics ComplianceVICMEDIUM

A Victorian estate agent refers a buyer to a particular mortgage broker and receives a referral fee without disclosing this arrangement. Which ethical and legal obligation has the agent breached?

Correct Answer

C) The obligation to disclose any benefit received from a third party connected with the transaction.

An agent who recommends a service provider and takes a fee for the referral has a conflict of interest. Victorian conduct rules and the agent's duties of honesty require the benefit to be disclosed to the person being referred before they decide whether to use the provider. Receiving the fee is not itself the breach; keeping it secret is.

Answer Options
A
None, because referral fees are standard and the buyer pays nothing extra for the loan.
B
The obligation to hold an Australian credit licence before referring anyone to a broker.
C
The obligation to disclose any benefit received from a third party connected with the transaction.
D
The obligation to give the buyer written advice comparing loans from several lenders.

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Related Topics & Key Terms

Key Terms:

referral fee disclosurethird-party benefitsfiduciary duty breach
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