Scenario 1: Misleading Information about School
Use this answer sheet to record your answers to Assignment 3. Save this document, then submit it through the assignment submission link on the Online Campus.
Scenario 1
What, if anything, has been done wrong by the salesperson?
The salesperson misleads the customers by making false and mislead information about school in photos or text on the agency’s website (Dickson et al., 2015).
What legislation (if any) has been breached? (Identify the section(s) as required). Note, more than one Act may apply in some situations.
The Fair Trading Act has been breached. Section 13 of the act state that no person shall make a misleading or false representation of products or services with the promotion or by any means. Section 9 of the legislation describes that no individual will involve in business that is deceptive or misleading or is probably to deceive or mislead (Becher & Lai, 2018).
Has the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code) been breached? If so, state the rule(s) that apply.
The Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 has been breached. Section 6(4) of the act state that an agent must not provide false information, nor mislead a client, nor in fairness or by law provided to a client or customer. Section 6(3) of the act states that an agent must not involve in any practice potentially bring the sector into disgrace.
What organisation(s) would deal with such an issue, and why?
The Dispute Tribunal is the organisation which deals with such a mislead description issue so that the matter can be addressed swiftly and less expensive (O’Sullivan, 2018).
What, if anything, has been done wrong by the salesperson?
Salesperson has not provided information regard the Body Corporate Fees.
What legislation (if any) has been breached? (Identify the section(s) as required). Note, more than one Act may apply in some situations.
The Fair Trading Act 1986 has been breached. Section 27(1) of the act states that it is significant for agent to disclose relevant information to the client. Section 14 of the act states that no person male a misleading or false representation regarding the price payable for the land (Parliamentary Council Office, 2022).
Has the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code) been breached? If so, state the rule(s) that apply.
The Real Estate Agent Act has been breached. Section 5 of the act states an agent must have a sound and adequate understanding or knowledge of the rules, regulations, and act. Moreover, section 9 of the act also state that an agent must not deceit clients as to the price anticipation of the client. Apart from this, section 6(2) of the act states an agent deal fairly and in good faith with every party involved in a transaction.
What organisation(s) would deal with such an issue, and why?
The District Court would deal with such as issue to address price related issues as soon as possible (Lai & Bechaer, 2018).
Scenario 2: Deceptive Roof Replacement Claim
What, if anything, has been done wrong by the salesperson?
The salesperson assures Mr and Mrs Foote that the roof has been replaced but very few section has been replaced and the roof was not in very good condition.
What legislation (if any) has been breached? (Identify the section(s) as required). Note, more than one Act may apply in some situations.
The Fair Trading Act 1986 act has been breached. Section 14 of the act deals with the false representation and other deceptive practice in regard to land. Section 27 (1A) of the act states that a standard of consumer information could need the revelation of information associating with the quantity, kind, origin, design, construction, promotion, packaging, finish, price, use, garde or supply of the services or items.
Has the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code) been breached? If so, state the rule(s) that apply.
The Real Estate Agents Act Rules 2012 has been breached. Section 6(4) of the act states that an agent must not give false information, nor mislead a client, nor withhold in fairness or by law be given to client. Section 6(2) of the act states that an agent must deal fairly and in good faith with every party involved in a transaction (Parliamentary Council Office, 2022)..
What organisation(s) would deal with such an issue, and why?
Australian Competition & Consumer Commission would deal with such issue because it supports a fair trading.
What, if anything, has been done wrong by the salesperson?
The salesperson has deceptively made the false headline in the advertisement.
What legislation (if any) has been breached? (Identify the section(s) as required). Note, more than one Act may apply in some situations.
The Fair Trading Act 1986 act has been breached. Section 11 of the act states that no individual will involve in business that is accountable to deceive the public as to the quantity of services, appropriateness for an aim, characteristics, or nature. Section 27 (1A) of the act states that a standard of consumer information could need the revelation of information associating with the quantity, grade, kind, origin, design, construction, promotion, packaging, finish, price, use, or supply of the services or items.
Has the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code) been breached? If so, state the rule(s) that apply.
The Real Estate Agents Act Rules 2012 has been breached. Section 6(4) of the act states that an agent must not give false information, nor mislead a client, nor withhold in fairness or by law be given to client. Section 6(3) of the act states that an agent must not involve in any practice probably bring the sector into disgrace or disrepute (Parliamentary Council Office, 2022).
What organisation(s) would deal with such an issue, and why?
The Real Estate authority deals with the false or mislead information in advertisement to address such issues.
What, if anything, has been done wrong by the salesperson?
The Salesperson did wrong as he did not drop an appraisal even after 10 days.
Scenario 3: False Advertisement Headline
what legislation (if any) has been breached? (Identify the section(s) as required). Note, more than one Act may apply in some situations.
The Fair Trading Act has been breached. Section 27 (1A) of the act states that a standard of consumer information could need the revelation of information associating with the quantity, grade, kind, origin, design, construction, promotion, packaging, finish, price, use, or supply of the services or items.
Has the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code) been breached? If so, state the rule(s) that apply.
The Real Estate Agents act has been breached. Section 9(3) states that an agent must communicate in a appropriate or timely manner and regularly and also keep the customer up to date of subjects rational to the interest of the client. Section 9.9 also state that an agency agreement must not be submitted unless every relevant particular have been attached to the document. Moreover, section 6 of the act states that an agent must deal fairly and in good faith with every party involved in a transaction (Parliamentary Council Office, 2022).
What organisation(s) would deal with such an issue, and why?
The Real Estate authority deals with the insufficient information given by the salesperson to client.
What, if anything, has been done wrong by the salesperson?
The salesperson should have disclosed each and every information regarding home to Mr and Mrs Bonito.
What legislation (if any) has been breached? (Identify the section(s) as required). Note, more than one Act may apply in some situations.
The Fair Trading Act has been breached. Section 22 states no person will make untrue representation of any business activity (Ingle, 2019).
Has the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code) been breached? If so, state the rule(s) that apply.
The Real Estate Agents Act has been breached. Section 6(2) of the act state a salesperson must deal fairly and act in good faith with every party involved in a transaction(Ingle, 2019). Section 9(1) of the act states that an agent must act as per the instructions of the client and act in the utmost interest of a client (Tokeley, 2018).
What organisation(s) would deal with such an issue, and why?
The Tribunal Court would deal with such as issue to address mislead or untrue representation made by the salesperson.
What, if anything, has been done wrong by the salesperson?
Salesperson should have told both the property holder that every owner has to sign the agency agreement.
What legislation (if any) has been breached? (Identify the section(s) as required). Note, more than one Act may apply in some situations.
The Fair Trading Act has been breached. Section 14 of the act deals with the untrue representation and other deceptive conduct in regard to land.
Has the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code) been breached? If so, state the rule(s) that apply.
The Real Estate Agents Act has been breached. Section 6(4) of this act state a licensee must not deceive a client or a customer, nor give untrue information in fairness or by law by given to a client or a customer (Parliamentary Council Office, 2022).
What organisation(s) would deal with such an issue, and why?
Citizens Advice Bureau – it gives an independent, free service, run by volunteers. The organisation will give advice regard the agency agreement.
References
Becher, S. I., & Lai, J. C. (2018). In Consumer Protection We Trust: Re-Thinking the Legal Framework for Country of Origin Cases. San Diego L. Rev., 55, 539
Dickson, G., Naylor, M., & Phelps, S. (2015). Consumer attitudes towards ambush marketing. Sport Management Review, 18(2), 280-290. https://dx.doi.org/10.1016/j.smr.2014.07.001
Ingle, L. (2019). Smart contracts in consumer law: Does New Zealand need to wise up?. Victoria University of Wellington Legal Research Paper, Student/Alumni Paper, (23).
Lai, J. C., & Becher, S. I. (2018). Protecting consumer protection. Victoria University of Wellington Law Review, 49(2), 259-278.
New Zealand Legislation. (2022). Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (SR 2012/413) 9 Client and customer care – New Zealand Legislation. Legislation.govt.nz. Retrieved 15 April 2022, from https://legislation.govt.nz/regulation/public/2012/0413/9.0/DLM4932023.html.
O’Sullivan, T. (2018). Enforcement and Effectiveness of Consumer Law in New Zealand. In Enforcement and Effectiveness of Consumer Law (pp. 415-432). Springer, Cham.
Parliamentary Council Office. (2022). Fair Trading Act 1986 No 121 (as at 28 October 2021), Public Act 27 Consumer information standards – New Zealand Legislation. Legislation.govt.nz. Retrieved 15 April 2022, from https://www.legislation.govt.nz/act/public/1986/0121/latest/DLM96959.html.
Tokeley, K. (2018). A New Framework for Assessing the Personal Liability of Directors and Employees under s 9 of the Fair Trading Act 1986. New Zealand Law Review, 2018(1), 75-99.
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