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Ethics ComplianceFinancial AdviceNSWHARD

At an open home an agent tells a buyer that an apartment 'is a great investment that will suit you'. The agent will receive a bonus from the developer on sale. What must the agent give the buyer under the Regulation?

Correct Answer

C) A general-advice warning and disclosure of conflicts such as the developer bonus.

Section 11 of the Property and Stock Agents Regulation 2022 (made under s 46 of the Act) requires a real estate agent giving financial or investment advice connected with a sale to warn that it is general advice, to warn a buyer to assess the purchase for themselves or with a licensed financial adviser, and to disclose conflicts such as commissions or referral fees.

Answer Options
A
Nothing, provided the agent does not hold an Australian financial services licence.
B
A written valuation supporting the investment claim before any contract is signed.
C
A general-advice warning and disclosure of conflicts such as the developer bonus.
D
Only the rental appraisal, since investment advice is limited to rental returns.

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