A NSW agent's listing for a Wollongong house highlights 'quiet street', but leaves out that a freight rail line runs behind the back fence, which the photos crop out. How is this assessed?
Correct Answer
A) It may mislead, as half-truths and omissions can breach the law
NSW guidance says silence or omissions can be misleading in certain situations, and agents may breach the law by only telling half the story where disclosure is reasonably expected. All information in a publication must be accurate, and known information a buyer would reasonably care about that is not readily apparent must not be concealed.
Why This Is the Correct Answer
Selective statements and cropped photos that hide a key fact can be misleading.
Why the Other Options Are Wrong
Background Knowledge for Consumer Protection
Exam Tip for Consumer Protection
Common Mistakes to Avoid on Consumer Protection Questions
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A landlord tells his property manager to reject every applicant who is pregnant or has young children. The manager says she is only following instructions. What is her legal position?
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A NSW vendor accepted Priya's offer verbally, and Priya paid an expression of interest deposit and a building and pest report. Before exchange, the vendor signed with another buyer at a higher price. What can Priya recover?