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Consumer ProtectionVICMEDIUM

The Australian Consumer Law (ACL), as applied in Victoria, prohibits misleading or deceptive conduct. Which of the following scenarios would most likely constitute misleading conduct by an estate agent?

Correct Answer

B) Stating that council has approved plans for an extension when no approval has been granted.

Falsely claiming that council-approved plans exist for an extension is misleading or deceptive conduct under the ACL. This can lead to significant penalties, compensation claims, and disciplinary action. Agents must ensure all representations about a property are accurate and supported by evidence.

Answer Options
A
Describing the home as 'close to transport' when the nearest tram stop is 300 metres away.
B
Stating that council has approved plans for an extension when no approval has been granted.
C
Calling the home 'beautifully presented', an opinion buyers can check at the inspection.
D
Declining to guess what the vendor will accept when a buyer asks for the lowest price.

Why This Is the Correct Answer

Telling buyers that council has approved an extension when it has not is a false statement of fact about the property's development potential. Buyers rely on such statements, so it is misleading or deceptive conduct under the Australian Consumer Law.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

misleading or deceptive conductAustralian Consumer Lawfalse representations
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