A vendor's solicitor adds a special condition saying the purchaser cannot claim damages for any misrepresentation about the land. How effective is that clause in NSW?
Correct Answer
B) It does not stop the purchaser claiming damages for misrepresentation
Section 53 of the Property and Stock Agents Act 2002 provides that no term of an agreement for the sale and purchase of land operates to prevent the purchaser from claiming damages or other relief for misrepresentation or concealment in connection with the sale. The special condition therefore cannot shut out the claim.
Why This Is the Correct Answer
The Act makes such exclusion clauses ineffective against a purchaser's misrepresentation claim.
Why the Other Options Are Wrong
Background Knowledge for Consumer Protection
Exam Tip for Consumer Protection
Common Mistakes to Avoid on Consumer Protection Questions
More Consumer Protection Questions
Which authority would typically handle a consumer complaint about misleading advertising by a real estate agent in NSW?
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?
While listing a home, the agent learns that three years ago it was the scene of a manslaughter. The vendor asks the agent not to mention it to buyers unless they ask. What must the agent do?
A property manager is choosing between rental applicants. Which reason for declining an applicant is lawful under NSW anti-discrimination rules?
A property manager scans and stores a colour copy of every rental applicant's passport and driver licence 'just in case'. What does the Fair Trading Commissioner's guidance recommend?
- → 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?
- → An agent's brochure for a Penrith unit says 'This unit will double in value within five years'. The agent has no data behind the claim. How is the statement treated?
- → 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?
- → The Australian Consumer Law (ACL), as applied in Queensland, prohibits real estate agents from engaging in:
- → In Queensland, which government body handles consumer complaints about real estate agents?
- → A Queensland real estate agent tells a buyer that a property has been 'fully renovated' when the agent knows the plumbing and electrical work was not completed by licensed tradespeople. This is an example of:
- → Under Queensland law, the cooling-off period for residential property purchases serves to protect consumers by:
- → Under Queensland consumer protection law, 'unconscionable conduct' by a real estate agent may include:
- → A Queensland agent advertises a property at a price well below what the seller has said they will accept, to draw in more buyers. Under consumer protection law, this practice:
- → A Queensland buyer believes they were misled by an agent about a property's features and suffered financial loss. The buyer may seek compensation through:
People Also Study
Property Law & Legislation
110 questions
Agency Practice & Law
138 questions
Contracts & Conveyancing
106 questions
Property Marketing & Sales
129 questions
Related Study Resources
Previous Question
A property manager scans and stores a colour copy of every rental applicant's passport and driver licence 'just in case'. What does the Fair Trading Commissioner's guidance recommend?
Next Question
An agent's brochure for a Penrith unit says 'This unit will double in value within five years'. The agent has no data behind the claim. How is the statement treated?