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Ethics ComplianceSAMEDIUM

What is the ethical position on 'secret commissions' in SA real estate?

Correct Answer

B) Receiving a secret commission (undisclosed payment from a third party) is a criminal offence and a serious breach of fiduciary duty

Secret commissions — undisclosed payments received by an agent from a third party in connection with a transaction — are a criminal offence under the Criminal Law Consolidation Act 1935 (SA) and a serious breach of the agent's fiduciary duty to their client.

Answer Options
A
Secret commissions are acceptable if they are less than 5% of the sale price
B
Receiving a secret commission (undisclosed payment from a third party) is a criminal offence and a serious breach of fiduciary duty
C
Secret commissions are only prohibited for government property sales
D
They are permitted if the agent discloses them within 30 days of settlement

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Related Topics & Key Terms

Key Terms:

secret commissionsCriminal Law Consolidation Act 1935undisclosed payment
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