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Agency PracticeProfessional ConductMEDIUM

A buyer asks an agent about potential issues with the property's drainage. The agent knows there have been problems but says nothing. This represents:

Correct Answer

A) A breach of the agent's duty to deal honestly with buyers as well as the vendor

While agents primarily represent vendors, they have a duty under consumer protection laws to act honestly and fairly toward all parties. Deliberately concealing known material defects constitutes misleading conduct and can result in professional sanctions and legal liability.

Answer Options
A
A breach of the agent's duty to deal honestly with buyers as well as the vendor
B
Acceptable, because a vendor's agent owes its duties to the vendor and not to buyers
C
Acceptable, provided the agent never makes a positive false statement about the drainage
D
Only a problem for the vendor, since sellers rather than agents answer for undisclosed defects

Why This Is the Correct Answer

Staying silent when directly asked about a defect the agent knows of creates a false impression that there is nothing to disclose. That is misleading conduct by omission and breaches the agent's duty to deal honestly with buyers, even though the agent acts for the vendor.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

misleading conductmaterial defectsduty of honestyAustralian Consumer Lawprofessional obligations
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