False or misleading representation
36 False or misleading representation
A person who makes a false or misleading representation for the purpose of inducing another person to—
sell or purchase land or a business; or
engage the first mentioned person or a third person to act as an agent in the sale or purchase of land or a business; or
enter into any contract or arrangement in connection with the sale or purchase of land or a business, is guilty of an offence. Maximum penalty: Maximum penalty: $20 000 or imprisonment for 1 year.
In proceedings for an offence against subsection (1), it is not necessary for the prosecution to establish that the defendant knew the representation to be false or misleading, but it is a defence for the defendant to prove that he or she had reasonable ground to believe, and did believe, the representation to be true.
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