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 the ACL prohibits whatever the agent intended
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.
Why This Is the Correct Answer
A false statement about building approval is misleading or deceptive conduct under the ACL, and liability does not depend on the agent intending to mislead.
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