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Ethics ComplianceRepresentationsNSWMEDIUM

To win a listing on her preferred terms, an agent tells the owner that NSW law makes a 90-day exclusive period compulsory in every sale listing. It does not. What has she done?

Correct Answer

C) Breached the rule against falsely saying a term is required by the Act.

Rule 17 of Schedule 1 prohibits an agent from falsely representing the nature or effect of the Act or Regulation, or representing that a particular form or term of agency agreement is required by them. Recommending an exclusive term is fine; claiming the law demands it is not.

Answer Options
A
Acted properly, as the vendor could have checked the Act for herself.
B
Acted properly, because agents may recommend any term that suits their campaign.
C
Breached the rule against falsely saying a term is required by the Act.
D
Breached only the Australian Consumer Law, as the Schedule 1 rules do not cover this.

Why This Is the Correct Answer

Claiming the Act requires a 90-day exclusive term is a false representation that a term is legally required.

Why the Other Options Are Wrong

Background Knowledge for Ethics Compliance

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Common Mistakes to Avoid on Ethics Compliance Questions

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