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Consumer ProtectionMisleading ConductHARD

A real estate agent fails to disclose a known material fact about a property defect that significantly affects the property's value. The buyer discovers this after settlement. Under Australian Consumer Law, what is the strongest legal basis for the buyer's claim?

Correct Answer

B) Misleading or deceptive conduct by silence

Under Australian Consumer Law, misleading or deceptive conduct can occur through silence when there is a duty to disclose material facts. Failing to disclose known defects that would influence a buyer's decision constitutes conduct that misleads by omission.

Answer Options
A
Breach of fiduciary duty to the buyer
B
Misleading or deceptive conduct by silence
C
Unconscionable conduct in the sale process
D
Breach of the cooling-off period provisions

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Related Topics & Key Terms

Key Terms:

misleading conductdeceptive conductmaterial factsomissionAustralian Consumer Law
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