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Consumer ProtectionMisleading ConductHARD

A real estate agent knowingly provides false information about comparable sales to justify an inflated property valuation, resulting in a consumer paying $100,000 more than market value. Under the Australian Consumer Law, the consumer may be entitled to:

Correct Answer

D) Rescission of the contract as well as compensation for the loss suffered

Where misleading or deceptive conduct induces a consumer to enter a contract, they may be entitled to rescission (cancellation) of the contract and compensatory damages to restore them to their original position. The ACL provides both contractual remedies and damages for loss suffered as a result of the misleading conduct.

Answer Options
A
Compensatory damages only, with the contract left in place
B
Criminal prosecution of the agent, with no civil remedy for the consumer
C
Exemplary damages designed to punish the agent for the conduct
D
Rescission of the contract as well as compensation for the loss suffered

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Related Topics & Key Terms

Key Terms:

misleading conductrescissioncompensatory damagesAustralian Consumer Lawdual remedies
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