Queensland Consolidated Acts

PROPERTY OCCUPATIONS ACT 2014 - SECT 209

209 False representations and other misleading conduct relating to residential property

(1) A marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property in Queensland, represent in any way to someone else anything that is false or misleading.

Note—

For remedies for a contravention, see part 9 (QCAT proceedings).

(2) Without limiting subsection (1) , a marketeer must not, in connection with the sale, or for promoting the sale, or for providing a service in connection with the sale, of residential property, or the possible sale of residential property, in Queensland—

(a) represent that the person has a sponsorship, approval or affiliation the person does not have; or

(b) make a false or misleading representation about the following—

(i) the nature of the interest in the property;

(ii) the price payable for the property;

(iii) the location of the property;

(iv) the characteristics of the property;

(v) the use to which the property is capable of being put or may lawfully be put;

(vi) the existence or availability of facilities associated with the property;

(vii) the value of the property at the date of the sale;

(viii) the potential income from the leasing of the property;

(ix) if the property has been previously sold, the date of the sale and the consideration for the sale;

(x) how the purchase of the property may affect the incidence of income taxation on the buyer; or

(c) offer gifts, prizes or other free items with the intention of not providing them or of not providing them as offered.

Note—

For remedies for a contravention, see part 9 (Proceedings).

(3) Without limiting subsection (1) or (2) , a representation is taken, for the subsection, to be false or misleading if it would reasonably tend to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the representation indicates that state of affairs does exist.

(4) Also, if a person makes a representation relating to a matter and the person does not have reasonable grounds for making the representation, the representation is taken to be misleading.

(5) The onus of establishing the person had reasonable grounds for making the representation is on the person.

(6) It is not a defence to a proceeding for a contravention of subsection (1) or (2) for the marketeer to prove that an agreement with the person was terminated or that the person did not enter into an agreement because of the representation.

(7) In this section—

"false or misleading" , for a representation, includes the wilful concealment of a material fact in the representation.

Note—

A person may make a claim, under the Administration Act , against the fund if the person suffers financial loss because of a contravention of this section.