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Property MarketingQLDMEDIUM

In Queensland, if a property is subject to a flood overlay under the local planning scheme, the agent marketing the property must:

Correct Answer

B) Disclose the known flood risk, since silence about it may be misleading

Agents have an obligation not to engage in misleading conduct. A flood overlay is a material fact that may affect a buyer's decision. Silence on such matters, when the agent is aware, can constitute misleading or deceptive conduct.

Answer Options
A
Disclose it only if a buyer asks a direct question about flooding
B
Disclose the known flood risk, since silence about it may be misleading
C
Say nothing, because flood overlay maps are public and buyers can check them
D
Leave it until the contract stage, when the buyer's solicitor does the searches

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Related Topics & Key Terms

Key Terms:

flood overlaymaterial factproactive disclosure
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