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Property MarketingUnderquotingNSWMEDIUM

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.

Answer Options
A
Payment of his commission directly to the buyers who were misled
B
Payment of all or part of his commission and fees to the Compensation Fund
C
An order cancelling the contract for sale of the property
D
An order that the vendor pay a penalty equal to the commission

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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