After settlement, a delighted vendor drops off a case of good wine for her selling agent to thank him for his work on the sale. May he keep it under the gifts provision, s 53F?
Correct Answer
A) It is exempt, as a client's gift in gratitude for services under the agency agreement.
Section 53F(1) prohibits requesting or accepting gifts that could reasonably be seen to create a conflict of interest. Section 53F(2) exempts anything provided by the employer, anything provided under an agency agreement or given by a client in gratitude for services under it, and items below the prescribed value.
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Previous Question
After a NSW residential auction where the property was passed in, the vendor asks the agent for a copy of the Bidders Record so he can phone the underbidders himself. How should the agent respond?
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After the owner agrees by phone, an agent puts the property on a listing portal the same afternoon, planning to get the agency agreement signed next week. How does this sit with the rules of conduct?