An agent is convicted of an underquoting statement on a sale that earned him commission. What extra order can the court make, beyond the fine?
Correct Answer
B) Payment of all or part of his commission and fees to the Compensation Fund
Section 73A(2) of the Property and Stock Agents Act 2002 lets a court, in addition to a penalty, order a person convicted of an underquoting offence to pay to the Compensation Fund the whole or part of any fees or commission paid in relation to the sale. NSW Fair Trading warns that agents could lose their full commission and fees.
Why This Is the Correct Answer
Section 73A(2) allows the court to redirect the commission and fees to the Compensation Fund.
Why the Other Options Are Wrong
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After revising a property's estimated selling price upward, an agent notices a portal listing still shows the old, lower price guide. What must she do?
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