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.
Why This Is the Correct Answer
Whether 'ocean views' is misleading depends on the impression it creates. If a reasonable buyer would expect genuine views and there is only a sliver from one window, the claim is misleading under sections 18 and 30 of the ACL.
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