Misleading Conduct Re: Sale of Land ~ s 30 ACL

Section 30 of the ACL aims to prevent people from engaging in misleading conduct in relation to the sale of land (or grant of an interest in it).

People can be misled in many different ways. The legislation contains specific protections aimed at stopping people misleading others about: –

• sponsorship
• the nature of the interest
• the price payable
• the location
• et cetera.

To illustrate how the legislation works consider the following example. An agent would be misleading a prospect of purchaser if that agent lied about the price at which a property was passed in at an option. No doubt the agents intention may have been to inflate the actual price so as to entice the purchaser to pay more and in so doing the purchaser may have offered to pay more than what otherwise would have been the case.

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