sec.21Conflict of duty or interest

sec.21 Conflict of duty or interest

A motor dealer must not accept an appointment to act, or continue to act, as a motor dealer for a client if doing so will place the motor dealer’s duty or interests in conflict with the client’s interests. A motor salesperson must not act, or continue to act, as a motor salesperson for a client if doing so will place the salesperson’s duty or interests in conflict with the client’s interests. However— subsection (1) does not apply if the motor dealer discloses the conflict to the client in writing before accepting the appointment or continuing to act; and subsection (2) does not apply if the motor salesperson discloses the conflict to the client in writing before acting or continuing to act. (sec.21-ssec.1) A motor dealer must not accept an appointment to act, or continue to act, as a motor dealer for a client if doing so will place the motor dealer’s duty or interests in conflict with the client’s interests. (sec.21-ssec.2) A motor salesperson must not act, or continue to act, as a motor salesperson for a client if doing so will place the salesperson’s duty or interests in conflict with the client’s interests. (sec.21-ssec.3) However— subsection (1) does not apply if the motor dealer discloses the conflict to the client in writing before accepting the appointment or continuing to act; and subsection (2) does not apply if the motor salesperson discloses the conflict to the client in writing before acting or continuing to act.

• (a) subsection (1) does not apply if the motor dealer discloses the conflict to the client in writing before accepting the appointment or continuing to act; and
• (b) subsection (2) does not apply if the motor salesperson discloses the conflict to the client in writing before acting or continuing to act.