EstatePass
Property MarketingRegulator PowersNSWMEDIUM

NSW Fair Trading serves an agent with a written notice asking for evidence that a price guide he gave buyers was reasonable. What happens if he ignores the notice?

Correct Answer

C) He commits an offence by not complying within the time stated in the notice

Section 74 of the Property and Stock Agents Act 2002 allows the Secretary, by written notice, to require an agent to provide evidence of the reasonableness of an estimate of selling price made to a seller, in an advertisement, or to a prospective purchaser. Failing to comply within the period specified in the notice is itself an offence.

Answer Options
A
Nothing, because agents only need to justify estimates to their own vendors
B
Fair Trading must first get a court order before he is required to respond
C
He commits an offence by not complying within the time stated in the notice
D
The property must be withdrawn from sale until the evidence is supplied

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