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Question
Jessica is a licensed Real Estate Salesperson who prides herself on providing excellent client service. She recently assisted a client, Vijay Patankar, in selling his property. The property was constructed in 1996, has monolithic cladding and has previously had weather-tightness problems that a building report identified in 2019. In fact, a previous conditional agreement for the sale and purchase of the property failed to settle because of the unfavourable building report.
Vijay told Jessica that he had fixed the issues with the property and now had an updated building report that confirmed there were no issues with the property. Vijay only wanted Jessica to disclose the updated report to any potential purchasers, which she agreed to do. When Carl and Tiana Wallace viewed the property and expressed interest in buying it, Jessica provided them with the updated building report and a copy of the LIM and assured them that it was a good property. She didn't mention the previous report as Vijay had requested. Carl and Tiana were delighted with the updated report and the property and went ahead with the purchase.
1. How might Jessica be liable for breaches of the Real Estate Agents Act 2008 or Professional Conduct and Client Care Rules 2012 in this scenario?
2. Which sections of the REA Act 2008, Professional Conduct and Client Care Rules 2012 (if any) or other legislation may have been breached?
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