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PROPERTY OCCUPATIONS ACT 2014 - SECT 212
False representations about property
212 False representations about property
(1) A licensee or real estate salesperson must not represent to someone else
anything that is false or misleading relating to the letting, exchange or sale
of real property. Penalty— Maximum penalty—540 penalty units.
(2)
Without limiting subsection (1) , a licensee or real estate salesperson must
not, in connection with the sale, or the possible sale, of an interest in real
property or in connection with the promotion of the sale of an interest in
real property, represent to someone else anything that is false or misleading
relating to— (a) the value of the real property at the date of sale; or
(b)
the potential income from the leasing of the land; or
(c) if the land has
been previously sold, the date of the sale and the consideration for the sale;
or
(d) how the purchase of the real property may affect the incidence of
income taxation on the buyer.
Penalty— Maximum penalty—540 penalty
units.
(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 the 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 prosecution under subsection
(1) or (2) for the defendant 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) This section does not limit another Act or law about
false or misleading representations. Example— Australian Consumer Law
(Queensland) , section 30 (False or misleading representations about sale etc.
of land)
(8) 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.
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