Australian Capital Territory Consolidated Acts

AGENTS ACT 2003 - SECT 85

    (1)     A salesperson commits an offence if the salesperson—

        (a)     is employed by an agent who is acting for a buyer of land; and

        (b)     does not disclose to the buyer the pre-contract information before the buyer enters into a contract for the purchase of land.

Maximum penalty: 200 penalty units.

    (2)     A written acknowledgement by a buyer of land that the pre-contract information was given to the buyer before the buyer entered into a contract in relation to the land is evidence that subsection (1) has been complied with in relation to the land.

Note     If a form is approved under s 177 for an acknowledgement, the form must be used.

    (3)     A salesperson commits an offence if the salesperson—

        (a)     is employed by a licensed agent who is acting for a seller of land; and

        (b)     does not disclose to the seller the pre-contract information before the seller enters into a contract for the sale of the land.

Maximum penalty: 200 penalty units.

    (4)     A written acknowledgement by a seller of land that the pre-contract information was given to the seller before the seller entered into a contract in relation to the land is evidence that subsection (3) has been complied with in relation to the land.

Note     If a form is approved under s 177 for an acknowledgement, the form must be used.

    (5)     An offence against this section is a strict liability offence.