254
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School
TAFE Queensland *
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Course
MKG414
Subject
Law
Date
Jan 9, 2024
Type
JPG
Pages
1
Uploaded by DrHeatAnteater41
Whilst
you
have
been
away
on
annual
leave,
the
Principal
of
your
agency
has
exchanged
contracts
to
personally
purchase
one
of
your
listings.
You
do
not
believe
that
your
vendor
is
aware
of
the
fact
that
it
is
your
employer,
as
it
has
been
purchased
in
a
company
name
and
there
is
no
declaration
on
the
file
or
on
the
copy
of
the
contract
in
the
file.
The
cooling
off
period
will
expire
at
Spm
today.
Identify
and
explain
the
ethical
issue
in
this
scenario,
quoting
any
relevant
legislation:
In
this
situation,
a
conflict
of
interest
and
a
breach
of
fiduciary
obligation
are
the
ethical
problems.
The
agency's
principal
nas
contracts
in
place
to
buy
a
property
privately,
but
the
vendor
is
not
aware
of
this.
The
property
was
listed
by
one
of
the
agency's
employees.
The
agent's
obligation
to
operate
in
the
vendor's
best
interest
and
prevent
conflicts
of
interest
may
be
broken
in
this
circumstance.
The
following
relevant
laws
address
this
issue
a.
The
Estate
Agents
Act
(or
pertinent
law
in
your
jurisdiction):
This
act
often
describes
the
moral
and
legal
duties
of
raal
estate
agents,
such
as
the
obligation
to
act
in
the
clients’
best
interests
and
disclose
any
conflicts
of
interest
b.
The
Real
Estate
Institute’s
Code
of
Conduct
or
a
similar
industry
code:
Many
real
estate
firms
abide
by
a
code
of
conduct
that
covers
ethics
and
conflicts
of
interest,
such
as
the
code
of
conduct
of
the
Real
Estate
Institute
or
a
comparable
industry
standard
P
How
would
you
approach
this
with
your
Agency
Principal
to
express
your
concemn?
Ensure
you
detail
at
least
2
communication
strategies
you
would
use:
To
approach
the
Agency
Principal
to
express
your
concern,
you can
use
the
following
communication
strategies:
a.
Request
a
Private
Meeting:
Arrange
a
private
appointment
to
express
your
concerns
with
the
Agency
Principal.
This
will
offer
a
suitable
and
private
setting
for
the
discussion
b.
Clearly
State
the
Problem:
When
dezling
with
the
Principal,
be
sure
to
calmly
and
clearly
lay
out
the
circumstances
and
your
worries.
To
prove
your
ideas,
give
particular
examples
and
mention
applicable
laws
or
rules
of
conduct
y
What
steps
would
you
take
to
ensure
this
sale
can
proceed
ethically,
and
how
would
you
appropriately
communicate
this
to
the
vendor?
To
ensure
this
sale
can
proceed
ethically
and
communicate
this
to
the
vendor,
consider
the
following
steps:
a.
Disclose
the
Conflict
of
Interest
Get
in
touch
with
the
vendor
and
let
them
know
that
the
agency's
principal
is
the
purchaser.
The
vendor
should
be
informed
of
the
potential
confiict
of
interest,
and
this
disclosure
should
be
open
and
clear.
b.
Offer
the
Vendor
Choices:
Let
the
Vendor choose
how
they
want
to
move
forward.
If
they
feel
that
their
interests
are
not
sufficiently
secured,
they
may
decide
to
proceed
with
the
sale,
bargain
for
new
conditions,
or
even
terminate
the
agreement
¢c.
Seek
Legal
Advice:
Encourage
the
vendor
to
acquire
legal
counsel
or
representation
so
that
their
interests
and
nghts
are
protected
during
the
transaction
7~
List
two
(2)
penalties
that
could
apply
to
the
agency
if
you
were
to
ignore
what
has
happened
and
let
the
sale
proceed.
If
you
were
to
ignore
what
has
happened
and
let
the
sale
proceed,
you
would
be
subject
to
a
fine
and/or
suspension
of
your
agency's
licence.
This
would
be
a
serious
matter
that
could
have
significant
conseguences
for
your
business.
It
is
therefore
important
that
you
take
all
necessary
steps
to
ensure
that
the
sale
proceeds
smoothly
and
without
any
problems.
If
there
are
any
concerns
that
you
have
about
the
sale,
it
is
important
that
you
raise
them
with the
relevant
authorities.
You
should
also
make
sure
that
you
are
fully
compliant
with
all
relevant
regulations.
Failure
to
do
so
could
result
in
serious
penzlues
A
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