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Consumer ProtectionMisleading ConductMEDIUM

A real estate agent advertises a property as having 'ocean views' when only a small portion of the ocean is visible from one upstairs window. Under Australian Consumer Law, this could constitute:

Correct Answer

B) Misleading conduct, if it gives a false impression of the views available

This could constitute misleading conduct if the representation creates a false or misleading impression about the extent or quality of ocean views available from the property. The test is whether the conduct is likely to mislead or deceive a reasonable consumer.

Answer Options
A
Acceptable puffery, since some ocean is visible from part of the house
B
Misleading conduct, if it gives a false impression of the views available
C
Unconscionable conduct under section 21, because it exploits buyers' hopes
D
A breach of contract only, which buyers can pursue after settlement

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Related Topics & Key Terms

Key Terms:

misleading conductAustralian Consumer Lawocean viewsreasonable consumeradvertising
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