Real Estate Agents Act: BSRV4601 Assignment 1 Variation B3 Real Estate Licensing

BSRV4601 Assignment 1 Variation B(3) 

Learning outcomes

1. Apply codes of conduct, rules, regulations, and legislation in the role of a real estate licensee.

Overview

In this assessment you will play the role as an experienced real estate salesperson licensee. You will be reviewing scenarios of real-life situations, to show your understanding of legislation, rules and regulations.

Task 1: Eligibility and licensing – Sections of the Real Estate Agents Act 2008 (REA Act)

In this task you are required to read the following five scenarios and answer the questions for each scenario.

(Word count guideline: 50 words per scenario)

Scenario 1

Jordan and Casey have worked together seamlessly in your agency, with Casey as the lead salesperson and Jordan as the dedicated personal assistant. Now that Casey is planning to retire, Jordan is enthusiastic about stepping up to become a salesperson and taking on new responsibilities.

a. Can Casey transfer her salespersons licence to Jordan when she retires?

b. Name the section of the REA Act that applies.

Scenario 2  

Luca, a real estate salesperson, is planning to take a two-year working holiday abroad. He wants to continue his real estate career when he returns and is looking for advice on how to maintain his license during his time away.

a. To retain his licence while he is away, what could Luca do?

b. Name the section of the REA Act that applies.

Scenario 3

Having spent five years as a licensed salesperson, your friend Emma is aware that the agency owner intends to appoint a Branch Manager in the near future. She is enthusiastic about career advancement and asks for your guidance on how to become a Branch Manager.

a. What qualification is required?

b. What additional licensing criteria will Emma have to meet to be a Branch Manager?

Scenario 4

Lisa has begun her studies to become a real estate salesperson but is anxious about meeting the licensing requirements. She had a dishonesty conviction for fraud from 18 years ago and is concerned about how this might affect her ability to get licensed.

a. Will the fraud conviction affect Lisa’s ability to meet the licensing criteria when she applies for a salespersons licence?

b. Explain the reason for your answer and identify the section of the REA Act that applies.

Scenario 5

Your flatmate Ethan is thinking of switching careers and wants to enter the real estate industry. He has heard about the opportunities and is curious about the qualifications needed to become a licensed real estate salesperson.

a. What qualification is required?

b. What criteria will Ethan need to meet to enable him to be a real estate licensee salesperson?

c. Name the section of the REA Act that applies.

Task 2: Standards of professional conduct 

Breaches of the Real Estate Agents Act 2008 (REA Act) and the (Professional Conduct and Client Care) Rules 2012 (the Code) can result in a licensee being found guilty of unsatisfactory conduct or misconduct.

a. Complete the sentences below by filling in the blanks with the correct sections of the REA Act and rules of the Code.

Section …………. of the REA Act describes unsatisfactory conduct.

Section …………. of the REA Act describes misconduct.

Rule ………… of the Code states that a licensee who suspects another licensee to be guilty of unsatisfactory conduct …………. report it to the Authority.

Rule ………… of the Code states that a licensee who suspects another licensee to be guilty of misconduct……………. report it to the Authority.

b. For this task you are required to read the following three scenarios and identify the salespersons professional conduct.

Scenario 1 – Is the salesperson’s conduct, satisfactory or unsatisfactory or misconduct?

While at the agency office, Chris was approached by potential clients who wanted to discuss selling their home. They explained that their property had been affected by a recent stormwater flood and they were eager to move, as this was the fourth flood in six years and the council did not seem interested in remedying the issue any time soon. The clients requested that Chris not mention the flooding to potential buyers, as they had repaired the recent damage and believed it wouldn’t be noticeable. Chris informed them that he would be happy to list their property, but only if they agreed to disclose the flooding history to all prospective buyers.

Scenario 2 – Is the salesperson’s conduct, satisfactory or unsatisfactory or misconduct?

Emma, a salesperson with Horizon Realty, was under a lot of stress. Her car had broken down late at night, far from home, and it had started to rain heavily. She had an appointment at 11am the next morning at a nearby property. The property was unoccupied, as the owners were living overseas, but it was staged with rented furniture. Emma chose to stay in the property overnight to be ready for her appointment. At 8am, just after Emma had finished showering, a person arrived at the door. It was the owner’s friend, who questioned why Emma was there. Emma explained she was meeting a buyer later. The friend, suspicious of Emma’s explanation, decided to contact the Police, believing she was unlawfully on the property.

Scenario 3 – Is the salesperson’s conduct, satisfactory or unsatisfactory or misconduct?

James was excited to hear from his client, Lisa, who wants to sell the property that James had sold to her two years ago. Knowing the property well, James prepares an appraisal indicating it should sell for between $820,000 and $850,000. When they meet, James and Lisa agree to market the property at “enquiries over $820,000”. James fills out the agency agreement, and both he and Lisa sign it. Later, Lisa notices the property listed on the agency website with a price indication of “enquiries over $790,000”. She is taken aback and calls James to ask why the price is lower than what they had agreed upon; James assures her that he always lists properties for less than the seller’s expected price.

Task 3:  Real life scenarios – Identifying sections of the Real Estate Agents Act 2008 (REA Act) and rules of the (Professional Conduct and Client Care) Rules 2012 (the Code)

Read the following five complaints and state the specific section of the Real Estate Agents Act 2008 (REA Act), or rules of the (Professional Conduct and Client Care) Rules 2012 (the Code) that applies to each scenario.

Please note that Sections 72 and 73 of the REA Act are not required for this task.

(Word count guideline: only section number, and/or rules required for each response)

Complaint 1 

We asked Amir, a local salesperson, to list our home for sale. We informed him that our house had been classified as a ‘leaky building’ and that we had not undertaken any of the recommended repairs. Concerned that this information might scare off potential buyers, Amir agreed that it would be more challenging to sell the house if the watertightness issues were disclosed. Eager to secure a sale, we all decided not to mention that it was a ‘leaky building’.

a. Identify two rules from the Code that have been breached that are most relevant to this scenario.

Complaint 2

Mei is assisting her aunt in selling her home as she is relocating to a retirement village. Mei has looked into selecting a suitable agency and learned that they need to be a Licensed Agent under the Real Estate Agents Act 2008. Mei searches on the internet and finds a local agency, Sunrise Realty Ltd. She reviews their website, which has beautiful property photos but no indication of their licensing status. Mei goes to their office, where the receptionist assures her they are licensed, but there is no documentation displayed to confirm this. Mei decides to find another agency to handle the sale of her aunt’s property.

a. Identify the relevant section from the REA Act that applies to this scenario.

Complaint 3 

I decided to sell my home as I was planning to relocate for a new job. The salesperson I chose to handle the sale was Amir. He visited on Saturday to get the sole agency agreement signed. Amir returned on Sunday morning to deliver a copy of the completed and signed agreement. By Monday, I had reconsidered my decision and decided not to move away from my friends and family. I immediately emailed Amir to explain my change of heart and asked if I could cancel the sole agency agreement. Amir refused, stating it was too late to cancel. I contacted my lawyer to find out if I could legally cancel the agreement.

a. Identify the relevant section from the REA Act that applies to this scenario.

b. Identify two rules from the Code that have been breached that are most relevant to this scenario.

Complaint 4 

Carlos from ABC Realty knocked on my door and mentioned that he had a client interested in buying a house in my neighbourhood. As all of my children have now left home, I said I might be interested in selling. Carlos proposed bringing his client to view my house the next day. When I asked if I needed to sign anything, he replied, “No need to worry about that now; let’s see if they like the house first.” I later discussed this with my son, who informed me that Carlos must have a signed agency agreement before showing the property to any potential buyers. He also mentioned that ABC Realty wouldn’t be entitled to a commission without this agreement.

a. Identify the relevant section from the REA Act that applies to this scenario.

b. Identify two rules from the Code that have been breached that are most relevant to this scenario.

Complaint 5

I listed my property for sale with Jordan, a keen but relatively new salesperson. Jordan brought me an offer from a buyer on a sale and purchase agreement form. When I mentioned that I didn’t fully understand the form, Jordan reassured me that everything was in order and there was no need to worry. I decided to consult my lawyer before signing. My lawyer reviewed the agreement and found several significant errors that should have been corrected by the Branch Manager. My lawyer advised that the salesperson should have been supervised while preparing the agreement form.

a. Identify the relevant section from the REA Act that applies to this scenario.

b. Identify two rules from the Code that have been breached in this scenario. One of the rules is compulsory and must be included in your answer. You must also identify one additional relevant rule of your choice from the Code.

Task 4: Complaints process

It is important that all salespeople can clearly explain and can guide a complainant through the complaints process.  

Read the following three scenarios and then answer the questions to show your understanding of the complaints process.                                                 

In your answer, refer to the (Professional Conduct and Client Care) Rules 2012, ‘the Code,’ to specifically identify and explain the relevant rule or rules that apply.

(Word count guideline: 30 words per scenario)

Scenario 1

The Real Estate Agents Authority has contacted a salesperson to inform them that a complaint has been lodged about their conduct.

a. How soon must the salesperson inform their Branch Manager/Agent about the complaint made against them?

b. Identify the relevant rule from the Code that applies, to support your answer.

Scenario 2

Diego, a salesperson from the office, is meeting with David, a potential customer (buyer). David is coming in to sign a sale and purchase agreement, which is the document used when a buyer makes an offer to purchase property.

a. What information about the complaints process must Diego provide to David before he signs the contractual agreement?

b. Identify the most relevant rule from the Code that applies to support your answer.

Scenario 3

Anita wants to file a complaint about the behaviour of a salesperson from your office whom she encountered at a recent open house.

a. Explain what Anita’s options are for lodging a complaint about the salesperson’s conduct.

b. Identify the relevant rule from the Code that applies to support your answer.

Task 5: Other issues around the office

Read the following three scenarios and respond to the questions for each.

Identify the relevant section(s) of the Real Estate Agents Act 2008 (REA Act) that relates to each answer.

(Word count guideline: 30 words per scenario)

Scenario 1

Hector, who has been in the real estate industry for eleven months, is excitedly preparing an offer for Pam and Amanda, who are eager to buy their first home. As you review his preparations, you notice that Hector has mistakenly selected the wrong REA ‘Approved Guide’ to give to them.

a. Before Pam and Amanda sign the offer, what is the full name of the guide Hector needs to give them?

b. Identify the section of the REA Act that applies.

Scenario 2

A complaint was lodged by Mr. and Mrs. Winslow, who were troubled by a conflict of interest. Their real estate agent had not informed them that the buyer interested in their home was his daughter, Elowen. It wasn’t until after the Winslow’s had signed the sale and purchase agreement that they learned about this relationship. The agent had failed to disclose this connection during any part of the viewings or negotiation process.

a. Explain the process the licensee should have followed if he wanted to sell the property to his daughter.

b. Identify the two relevant sections from the REA Act that apply to the process the licensee should have followed.

Scenario 3

Hassan, a salesperson at your agency, is preparing for a meeting with a new client and checks his license. He notices that his salesperson’s license will expire in two weeks

a. Explain what Hassan needs to do about his license, given that it is about to expire.

b. Identify the section of the REA Act that applies.

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