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Agency PracticeVICHARD

An estate agent in Victoria fails to disclose a material conflict of interest to both parties in a transaction where the agent acts for both vendor and purchaser. Under the Estate Agents Act 1980, what is the most severe potential consequence?

Correct Answer

C) Suspension or cancellation of the agent's licence and possible criminal prosecution.

Failing to disclose a material conflict of interest while acting for both vendor and purchaser is a serious breach of an agent's duties. Disciplinary proceedings can end in suspension or cancellation of the licence, the agent may be prosecuted and fined, and the agent can be civilly liable for losses caused.

Answer Options
A
A written warning from Consumer Affairs Victoria, recorded against the agent's file.
B
A fine of up to 10 penalty units, the maximum the Act provides for this type of breach.
C
Suspension or cancellation of the agent's licence and possible criminal prosecution.
D
A direction to complete further professional development before the licence is renewed.

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Related Topics & Key Terms

Key Terms:

conflict of interestEstate Agents Act 1980licence cancellation
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