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A WA real estate agent makes a false representation about a property's building approval status. Under the Australian Consumer Law, what type of conduct is this?

Correct Answer

B) A false or misleading representation, which is prohibited regardless of the agent's intention

Under section 18 of the Australian Consumer Law, misleading or deceptive conduct does not require intent — it is assessed objectively based on the overall impression created. A false representation about building approvals is prohibited regardless of whether the agent intended to mislead.

Answer Options
A
Acceptable if the agent believed it to be true
B
A false or misleading representation, which is prohibited regardless of the agent's intention
C
Only actionable if the buyer suffers financial loss exceeding $10,000
D
A matter for the building authority, not consumer protection

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Related Topics & Key Terms

Key Terms:

false representationbuilding approvalobjective test
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