real estate - Marketing
there is question in answer templet. two attachment is for information Topic 1: Introduction to real estate © 2021 Kaplan Education Pty Ltd. All Rights Reserved. The copyright of this material is owned by Kaplan Education Pty Limited and any reproduction, copying or other unauthorised use of this material without the written consent of Kaplan Education Pty Limited is strictly prohibited. While all care is taken to ensure the material presented is accurate and up to date, it should not be relied upon when providing advice or constructing financial plans. External websites Kaplan’s subject notes contain links to the websites of other organisations. Kaplan does not necessarily endorse or support the views, opinions, standards or information contained within these linked websites. Kaplan does not accept any responsibility or liability for any loss, damage, cost or expense you might incur as a result of the use of, or reliance upon, the materials that appear at any linked site. Kaplan respects the intellectual property rights of others. Be aware that material found on linked sites is likely to be protected by copyright and may also contain trademarks and other protected information. It is your responsibility to use the material on each linked site in accordance with the site’s specific terms and conditions of use. Topic 1: Introduction to real estate © Kaplan Education Pty Ltd 1.1 1 Industry Fundamentals NSW Contents Overview ........................................................................................................... 1.2 Topic learning outcomes ............................................................................................ 1.3 Glossary of terms ............................................................................................... 1.4 1 Agency function ...................................................................................... 1.4 1.1 The agency-principal relationship .................................................................. 1.4 1.2 Fiduciary obligations ...................................................................................... 1.5 1.3 Contractual obligations of an agent ............................................................... 1.6 1.4 Types of real estate licences .......................................................................... 1.6 1.5 Property services offered by agents .............................................................. 1.7 2 Real estate business ownership and organisational structure .................. 1.8 2.2 Types of business entity ................................................................................. 1.8 2.2 Business style of agency ............................................................................... 1.11 3 Job roles and responsibilities of key agency staff ................................... 1.13 3.1 Roles and responsibilities of key staff .......................................................... 1.13 3.2 Organisational structure .............................................................................. 1.14 3.3 Relationship between licensee and agent representative........................... 1.15 Key points ........................................................................................................ 1.15 References ....................................................................................................... 1.16 Industry Fundamentals NSW 1.2 CIVREP-NSW1_T1_v2 Overview The term ‘Estate agent’ is defined in the Macquarie dictionary as: ‘One who acts as an intermediary between the buyer and seller of properties, houses, etc.’ (Macquarie dictionary) The Real Estate Institute of Australia’s glossary of terms defines an agent as: ‘A person authorised to act for another (usually for the owner) in the selling, buying, renting or management of a property. Commonly used to refer to licensed real estate agents and real estate representatives.’ (The Real Estate Institute of Australia (REIA)) In every state and territory in Australia, the role of the real estate agent is a licensed occupation regulated by the state government department responsible for enforcing the relevant agent legislation and regulating the conduct of agents. This means a person who works as a real estate agent cannot do so without meeting the set criteria and educational requirements to obtain the appropriate Certificate of Registration and/or Licence with the relevant state department. Laws affecting the role and responsibility of the real estate agent differ slightly in each state and territory throughout Australia. There may be a general perception that real estate agents only sell homes; however, their role is much broader, and may include: • selling • leasing • managing • buying of: • residential property • rural property • commercial property • retail (a specialist sub-category of commercial) property • industrial property • businesses. Some real estate agencies offer a broad range of these services, whilst others may specialise in only one. Agencies may differ in their size, company structure and of course branding, but many are classified under the Australian Bureau of Statistics publication guidelines as small businesses (that is, businesses employing less than 20 staff). All agents, businesses and their employees are currently governed by state or territory legislation administered by a statutory body within that state or territory. The real estate industry is a common career choice for those who have a passion for dealing with a variety of people, whilst providing services in the dynamic property sector. It offers the opportunity of significant financial reward for those with an outstanding work and service ethic. Topic 1: Introduction to real estate © Kaplan Education Pty Ltd 1.3 1 It can also be seen as a glamorous industry in which image is important. However, personal presentation is just a start. A real estate agent needs to be professional, up-to-date with current legislation, and compliant with their agency’s policies and procedures. Working in real estate may mean working extended hours and compete for clients’ business whilst remembering it is the client’s best interest to always keep paramount. The real estate industry can be an unpredictable industry at times. It reflects changes and fluctuations in the economy and government policy, thus progressing in a series of waves of activity, which can influence both income and job opportunities. As can be seen from the above, and throughout the topics in this subject, a career as a real estate agent can certainly be exciting, rewarding and challenging! Topic learning outcomes On completing this topic, students should be able to: • explain the services offered by real estate agents • identify parties to real estate transactions • identify and explain the agency-principal relationship • research and record forms of real estate business ownership and organisational structures • research and record the roles and responsibilities of key personnel in real estate, including agency principals (licensee in charge). Industry Fundamentals NSW 1.4 CIVREP-NSW1_T1_v2 Glossary of terms In real estate, there are many industry specific terms. These terms and definitions are available on the Real Estate Institute of Australia’s Glossary of Terms. Some of the terms differ from state to state. For example, ‘owner’, ‘landlord’ and ‘lessor’ are all terms used to mean the same thing; a property owner who leases their property to a tenant. For consistency, this subject uses the following terms: ‘seller’, ‘buyer’, ‘landlord’, and ‘tenant’. 1 Agency function 1.1 The agency-principal relationship The role of an agent is to: • act on behalf of a client (known as the principal) • to locate an appropriate third party to engage in a legal relationship with the principal concerning a property. Please note that the word ‘principal’ is sometimes used in three different ways within the industry: 1. The client — the person or party who engages the agent to act for them and who pays the agent for their services. 2. The owner or licensee of a real estate business. 3. The original amount of a loan before interest is added (as in ‘principal and interest’). When talking about the agency-principal relationship, it is using the term ‘principal’ in its first meaning, as shown above. Example: Agency-principal relationships Examples of agency-principal relationships include: • An agent acting for a seller (the principal) finds a buyer for the property who enters into a contract to purchase • An agent acting for the landlord owner (the principal) finds a tenant to enter into a contract to lease the property • An agent acting for a buyer (the principal) finds a suitable property for them to purchase and negotiates with the seller. The ‘agency’ is created by a written contractual agreement between the principal and agent to perform a service or services and carry out duties, responsibilities and obligations of an agent for a fee. To be able to claim a fee for this service, the agent must have a contractual agreement with the principal. This is known variously as an ‘agency agreement’, ‘agency authority’ or ‘appointment to act’ and is the written authority that provides an agent with the legal right to claim a fee for the service they provide to their principal. Without this written agreement, an agent cannot claim any fees, commissions or expenses involved in the transaction as these must be specified in the agreement. http://reia.asn.au/consumers/glossary-of-terms Topic 1: Introduction to real estate © Kaplan Education Pty Ltd 1.5 1 Under the terms of the agency agreement, the agent acts as the intermediary between the following parties (brackets indicate who the parties would be in each example): • Sales: Principal (the seller) > agent > third party (buyer) • Property manager: Principal (the landlord) > agent > third party (tenant) • Buyer agents: Principal (the buyer) > agent > third party (seller). As a result of the written agreement under which the agent is appointed to act, there are common law duties, such as fiduciary obligations, as well as statutory duties that are placed on the agent. These are explained in the following sections. 1.2 Fiduciary obligations The agency relationship with the client is legally known as a fiduciary relationship. An agent has fiduciary obligations under both common law and statute law (explained further in Topic 2: Legislation in real estate). These can be defined as obligations of trust, responsibility and confidence in their relationship with the principal (client). The agent must be loyal and act in the principal’s (i.e. client’s) best interest at all times, by always placing the principal’s interest above the agent’s. The fiduciary and contractual obligations of an agent include: • complying with the principal’s instructions as outlined in the agency agreement or appointment to act. The extent of the agent’s authority is specified in this document, and an agent must only act within this authority • acting in the principal’s best interest, that is, treating the principal’s property and money both as if it were the agent’s own, but also within the boundaries set by legislation • exercising due care, skill and diligence when carrying out duties • keeping the principal’s money separate from the agent’s • keeping client information confidential • not engaging in a conflict of interest, or if one does occur, disclosing it (or any personal interest) to the principal • making no secret profit or gain from obligations towards the principal. Example: Confidentiality A common scenario that could occur is where an agent, eager to sell for the principal, being asked by a prospective buyer: ‘Why are they selling?’ If the agent answers: ‘The owners are desperate to sell as they are in financial difficulty and I am sure they will consider any offers,’ or ‘they have bought another property and must move very quickly’, the agent has released confidential information about their client in an effort to instil a sense of urgency in the buyer. However, unless they have been authorised to do so, they have breached client confidentiality. It can be also argued that they may not have acted in their principal’s best interests by encouraging someone to place low offers because of the urgency that has been insinuated. In this example, the fact that the agent must sell the property to be paid by their agency appears to be more important, than getting the best result for their principal. The agent appears to be placing their own interest ahead of the principal’s. Industry Fundamentals NSW 1.6 CIVREP-NSW1_T1_v2 The agent has a fiduciary relationship with only one party in the transaction, that is, the client. The agent’s services are hired via the agency agreement. Whilst the agent does not have a fiduciary responsibility to the customer (buyer who is the third party in the real estate transaction), the agent has a legal responsibility to be fair and honest with all parties in a real estate transaction. 1.3 Contractual obligations of an agent Contractual obligations are placed on the agent because of the agency agreement that is signed by the principal (client), which authorises the agent to act on the principal’s behalf. The agency agreement is a contract, and once signed, obliges the agent to deliver what they have agreed to in the contract. If they do not, they may be liable for damages to the principal. Example: Contractual obligations A management agency agreement between a landlord and the managing agent is a contract that specifies the services the managing agent will carry out for the landlord, and what the agency’s fees are for these services. The agency agreement provides for the managing agent to carry out periodic inspections of the rental property. For example, the agreement may stipulate that quarterly inspections will be carried out by the agent. If the agent fails to carry out these inspections on time over a significant period, and the property is damaged by the tenant during this time, the managing agent has neglected their contractual duties. The landlord may be able to seek compensation from the managing agent. 1.4 Types of real estate licences The governing legislation for each state stipulates the various licence categories for the various real estate services being offered. The legislation defines the different categories of agents, and the services they are licensed to provide. Resource 1: State’s licence categories, qualifications and eligibility requirements Refer to the ‘Toolbox’ in your KapLearn subject room for detailed information about your state’s licence categories, qualifications and eligibility requirements. When using the term ‘agent’ to describe a property operative, that person generally must hold a licence to practice within the particular property sector in which they operate. Most states and territories require an entry-level qualification to carry out the general functions of an agent involving selling, or leasing and managing property. The licensee-in-charge/officer in effective control of the agency is responsible for the conduct of any people they employ to assist them in their agency practice. The licensee-in-charge of an agency is responsible for closely supervising the actions of all persons working as a representative of their agency, such as sales representatives and property managers. Topic 1: Introduction to real estate © Kaplan Education Pty Ltd 1.7 1 1.5 Property services offered by agents Individual agencies may specialise in one particular service, whereas others may provide a combination dependent on their marketplace. The range of services in the property industry includes: • Residential sales: the sale of homes, including houses, units or apartments, townhouses, and vacant land. • Buyer’s agency: where the agent acts on behalf of the buyer in the transaction to locate a property to purchase, and assist in negotiating the purchase price, terms, and conditions. • Residential property management: the leasing of homes (houses, units, townhouses) to a suitable tenant and/or management (leasing and collection of rent, maintenance, repairs, refurbishment) of the property. The portfolio of properties managed by an agency is referred to as its rent roll. An extension of this field is short-term or holiday letting. • On-site residential property management: the management and leasing of particular premises, common with holiday complexes, which usually requires conditions such as maintaining a residence and/or office on site. • Commercial/retail sales, and management or letting: the sale and/or management of shops (known as retail), shopping centres (retail), commercially zoned land, offices, low-rise or high-rise buildings (all commercial) in which business is conducted. ‘Commercial’ is often used in the industry as an umbrella term for all of the above, incorporating commercial (e.g. offices), retail (e.g. shopping centres) and industrial (e.g. factories) • Industrial sales, and management or letting: the sale and/or management of property where manufacturing, importing and exporting, repairs, maintenance and distribution occur, such as industrial sites, factories, warehouses and land zoned for industry. • Business sales: the sale of businesses, including for example, hotels and motels. This is a specialist area of the property industry, and involves the sale of the business, rather than the property it sits on. The sale of the business usually includes negotiating the renewal of the lease for the property, where the business operates from. • Rural property sales or management: the sale and/or management of land zoned for rural or pastoral purposes. Stock and station agents serve the agricultural community. They advise and represent farmers in business transactions pertaining to livestock, wool, fertilizer farm equipment and rural property. Some stock and station agents are also real estate agents. • Strata management: the management of the strata scheme and affairs of the owners corporation of apartment or unit complexes. • Community title management: the management of the affairs of the community or neighbourhood association for community title zoning. • Auction: A method of selling land, property, stock, crops, goods and chattels in a public forum where the bidders make competing offers until the item is sold to the highest bidder or passed in unsold. • Valuation: in most instances, most agents are not qualified valuers, so the valuation they offer is only an opinion of market worth or selling price, rather than a legal valuation. However, some agents hold valuer qualifications and accreditations, and hence can provide a valuation service that can be upheld in court. Industry Fundamentals NSW 1.8 CIVREP-NSW1_T1_v2 • Development of land and property: the subdivision of undeveloped land into serviced blocks. Also, the re-development of property into alternate use, e.g. wharves into commercial sites, warehouses into apartment living. • Project management: the planning and co-ordination of property project developments from acquisition, through the construction to the sale or management of the completed development, e.g. medium-density townhouse developments, apartments, office buildings etc. • Refurbishment, interior design, property staging: design services on a corporate and private level, such as product hire/advice and presentation techniques to enhance property presentation. Income from property services Income to the agency can be derived from: • selling fees or commissions, which are usually calculated as a percentage of the sale price • auctioneering fees • valuation fees (if a qualified valuer is employed by the agency) • management fees for rental properties, which are usually calculated as a percentage of the weekly rent • leasing fees, charged when a tenant is to be located for a rental property • ancillary charges for services such as administration, postage, attending tribunal hearings • project management of developments • provision of services such as staging properties for sale, finance, or insurance • commissions or fees derived from acting as buyer’s or tenant’s agents, or advocate agents. 2 Real estate business ownership and organisational structure 2.2 Types of business entity There are several options for the structure of a real estate business as a business entity, such as sole proprietorship, partnership, limited partnership or a proprietary company. Many agency businesses belong to franchise or marketing groups and may trade under a business or company name. Regardless of whether a business decides to operate as a company, partnership, or sole trader, it will need to comply with the real estate licensing laws in its state or territory, together with Australian business laws. Topic 1: Introduction to real estate © Kaplan Education Pty Ltd 1.9 1 It is wise to liaise with specialists such as solicitors and accountants to ensure the establishment of compliant operating structures in a real estate business. It is also prudent that business owners develop a good understanding of the legal requirements of Australian business laws. Even if they do not have what is known as a ‘company structure’, as the operator of any type of business, they still have a duty of care to their employees, clients and customers. The most common business structures in real estate are shown below. To find further information on businesses, the Australian Government Business website is an excellent resource. It is the Federal Government business entry point site, which also links to all states and territories regarding business structure and legal requirements. Resource 2: Key differences between business structures Read about the key differences between the four most common types of business structures in Australia on the Australian Government website at: <www.business.gov.au>  Guide to starting a business  2. Make key decisions Decide on a business structure (viewed 15 February 2021). Ensure you scroll right to the bottom of the page). Sole trader or sole proprietorship An individual proprietorship is the oldest and simplest form of business organisation. A person who owns their own business is known as a sole trader or proprietor. Anyone capable of contracting can operate a business as a sole proprietor, subject to the specific legal requirements established for the type of business (such as state or territory licensing requirements). The Australian Taxation Office (ATO) defines a sole trader as an individual who is trading on their own (irrespective of whether the business has employees working for it or not). It is the simplest form of business structure. The sole trader has full control of the assets and business decisions. This structure requires few reporting requirements and as such, is generally low-cost. The liability lies with the individual, and therefore the business automatically comes to an end if the individual dies. The income of the business is treated as the individual’s income, so the individual is responsible for any tax payable for the business. A sole trader uses their own individual tax file number when lodging their income tax return that includes the business income. Partnership A partnership is defined as an association of two or more persons carrying on a business with a view to profit. By law, a maximum of 20 parties can join in a business partnership. As with a sole trader, no new legal entity is created when a partnership is formed. Each partner is wholly responsible for all of the business’ contracts and dealings (even debts incurred, or an agreement signed by just one partner). Partners do not need to register a partnership with any external authority but should have a written partnership agreement. Such an agreement needs to clearly spell out the terms of the partnership, thereby decreasing the likelihood of disputes. If there is no written agreement, the partnership will automatically come to an end if one partner retires, leaves or dies. http://www.business.gov.au/ https://www.ato.gov.au/business/starting-your-own-business/before-you-get-started/choosing-your-business-structure/sole-trader/ Industry Fundamentals NSW 1.10 CIVREP-NSW1_T1_v2 If there is no written partnership agreement, partners will not be bound by the law of partnerships. Additionally, each state and territory has its own Partnership Act, which contains other provisions. A partnership has its own tax file number, as it must lodge an annual income tax return even though the partnership does not pay income tax. Instead, each partner includes their share of the profit or loss in their individual tax return. In all states and territories, partners are held personally and collectively responsible for the actions of the business. In other words, a partnership is not legally a separate entity. All partners are liable for the debts of the partnership business to the extent of their personal assets. The general rule for liability applying to partnerships is that all partners are both jointly and independently liable for the debts and obligations incurred by any member of the partnership acting in a normal business capacity. This means that should a creditor bring an action against the partners, and if the assets of the firm are insufficient to pay the creditor, then each partner will have to contribute from his or her own personal assets. This arrangement is known as joint unlimited liability. The property of the partnership (such as the business premises and equipment) is owned jointly by the partners. Real estate business partnerships can usually only exist if each of the partners holds a separate real estate agent’s licence. A partnership cannot share this licence. Note that partnerships can also be formed between corporations that do carry limited liability for directors. Many real estate partnerships today exist under this structure and operate successfully. Company (corporation) A company is a separate legal entity quite distinct from the individual members who form the company. The owners of the company are known as members or shareholders. It is a complex business structure to start and run, and as such involves higher costs than other business structures. Because a company is a separate entity, it can legally transact the same way as an individual. A company can incur debt, sue and be sued. Companies are managed by company officers, called directors, and company secretaries. A company: • can create contracts that are binding • has the right to sue • can be sued by a third party • can own and dispose of property • can enter into legally binding agreements. A company, as a legal entity, is separate from its shareholders, and enters into contracts, owns property and undertakes business dealings by itself. The act of becoming a company is called a corporation. Shareholders of the company do not have any liability for debts of the company, apart from the cost of the shares. This is known as limited liability. This can be contrasted with partnerships or sole traders which have unlimited liability, and where the partners or owners may be sued individually for the liabilities of the business. Topic 1: Introduction to real estate © Kaplan Education Pty Ltd 1.11 1 There are several different types of company but the one most commonly used as a business vehicle is a proprietary limited company. It has the words ’Pty Ltd’ after the name. This type of company does not sell its shares to the public and is limited by liability. Small business owners often use this type of company structure. Proprietary companies must have at least one director, and of which, at least one of the director(s) must ordinarily reside in Australia. Companies are registered through the Australian Securities and Investment Commission (ASIC). A company needs to register for an Australian Business Number (ABN) and for a tax file number. It pays income tax on its profits. Larger companies that sell shares to the public can still limit their liability and will often have the abbreviation ’Ltd’ after their name. Larger companies must be registered with ASIC, and company officeholders have legal … Industry Fundamentals NSW — Toolbox © 2021 Kaplan Education Pty Ltd. All Rights Reserved. The copyright of this material is owned by Kaplan Education Pty Limited and any reproduction, copying or other unauthorised use of this material without the written consent of Kaplan Education Pty Limited is strictly prohibited. While all care is taken to ensure the material presented is accurate and up to date, it should not be relied upon when providing advice or constructing financial plans. External websites Kaplan’s subject notes contain links to the websites of other organisations. Kaplan does not necessarily endorse or support the views, opinions, standards or information contained within these linked websites. Kaplan does not accept any responsibility or liability for any loss, damage, cost or expense you might incur as a result of the use of, or reliance upon, the materials that appear at any linked site. Kaplan respects the intellectual property rights of others. Be aware that material found on linked sites is likely to be protected by copyright and may also contain trademarks and other protected information. It is your responsibility to use the material on each linked site in accordance with the site’s specific terms and conditions of use. Industry Fundamentals NSW — Toolbox © Kaplan Education Pty Ltd 1 Industry Fundamentals NSW Contents Overview .............................................................................................................. 2 1 State legislation ......................................................................................... 2 Agent legislation ................................................................................................ 2 NSW Legal Dictionary ........................................................................................ 2 Regulatory authority for property..................................................................... 2 Other property related NSW legislation ........................................................... 3 2 Working in the property industry ............................................................... 5 Licence levels ..................................................................................................... 5 Continuing professional development requirements ....................................... 6 3 Ethical and conduct standards for agents ................................................... 7 Agent rules of conduct ...................................................................................... 7 Disclosure of material fact information ............................................................ 8 Disclosure of conflicts of interest ...................................................................... 8 Restrictions on obtaining beneficial interest .................................................... 8 Secret commission ............................................................................................ 9 Underquoting guidelines ................................................................................... 9 4 Trust account requirements ....................................................................... 9 5 Industry associations and groups ............................................................. 10 Real estate industry associations .................................................................... 10 Employment related associations ................................................................... 11 References .......................................................................................................... 12 Industry Fundamentals NSW 2 CIVREP-NSW1_Toolbox_v2 Overview Knowledge of state-based legislation relevant to your state is an important part of this subject. This document contains state-specific website links to assist you with your learning. You should regularly refer to the information provided in this document when reviewing the topics to learn about the NSW specific requirements. 1 State legislation Agent legislation The main legislation under which agents operate and which governs agency practice in NSW is: • Property and Stock Agents Act 2002 No 66 • Property and Stock Agents Regulation 2014. NSW Fair Trading is the regulatory authority that administers this legislation. Visit the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au>. This legislation can be located on the NSW Government legislation website at: <www.legislation.nsw.gov.au>. Click on ‘Search’ and complete the required information fields to find the legislation (viewed 15 February 2021). You can also access this legislation on the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au> About Fair Trading  Legislation and publications  List of legislation and locate the name of the legislation you want to access (viewed 15 February 2021). NSW Legal Dictionary To assist you with reading legislation, you may like to visit the LawAccess NSW ‘Legal Dictionary’ at: <www.lawaccess.nsw.gov.au/Pages/representing/lawassist_legalwords.aspx> (viewed 15 February 2021). Regulatory authority for property NSW Fair Trading is the regulatory authority that administers the Property and Stock Agents Act 2002 (PSAA) and Property and Stock Agents Regulation 2014 (PSAR). To understand the role Fair Trading NSW plays in the property sector, visit the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au>  Housing & property (viewed 15 February 2021). https://www.legislation.nsw.gov.au/#/view/act/2002/66 https://www.legislation.nsw.gov.au/#/view/regulation/2014/563 https://www.fairtrading.nsw.gov.au/ https://www.legislation.nsw.gov.au/ https://www.fairtrading.nsw.gov.au/ http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_legalwords.aspx https://www.fairtrading.nsw.gov.au/ Industry Fundamentals NSW — Toolbox © Kaplan Education Pty Ltd 3 Other property related NSW legislation All of the legislation listed can be viewed on the NSW Government Legislation website at: <www.legislation.nsw.gov.au>. Click on ‘Search’ and complete the required information fields to find the legislation (viewed 15 February 2021). Consumer protection NSW-based Consumer Protection legislation includes: • Fair Trading Act 1987 • Fair Trading Regulation 2019. NSW Fair Trading is the state regulator for this legislation. You can also access this legislation on the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au>  About Fair Trading  Legislation and publications  List of legislation, and locate the name of the legislation you want to access (viewed 15 February 2021). Conveyancing In NSW, the conveyancing legislation is: • Conveyancing Act 1919 No 6. Gazumping Access and read the NSW legislation on Gazumping. Residential Tenancies legislation In NSW, the residential tenancy legislation is: • Residential Tenancies Act 2010 • Residential Tenancies Regulation 2019. Besides the NSW Government Legislation website, you can also view this legislation on the NSW Fair Trading website. Strata legislation The strata legislation in NSW is: • Strata Schemes Management Act 2015 • Strata Schemes Management Regulation 2016. Besides the NSW Government Legislation website, you can also view this legislation on the NSW Fair Trading website. https://www.legislation.nsw.gov.au/ https://www.fairtrading.nsw.gov.au/ https://legislation.nsw.gov.au/#/view/act/1919/6/full https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/buying-a-property/gazumping https://www.legislation.nsw.gov.au/#/view/act/2010/42/whole https://www.legislation.nsw.gov.au/regulations/2019-629.pdf https://www.fairtrading.nsw.gov.au/consultation-tool/residential-tenancies-regulation-2019 https://www.legislation.nsw.gov.au/#/view/act/2015/50 https://legislation.nsw.gov.au/#/view/regulation/2016/501/id37 https://www.fairtrading.nsw.gov.au/housing-and-property/strata-and-community-living/strata-schemes/by-laws-in-your-strata-scheme Industry Fundamentals NSW 4 CIVREP-NSW1_Toolbox_v2 Retail tenancies For retail tenancies, the legislation in NSW is: • Retail Leases Act 1994 No 46. Civil and Administrative Tribunal The legislation that supports the function of the NSW Civil and Administrative Tribunal is: • Civil and Administrative Tribunal Act 2013 No 2 • Civil and Administrative Tribunal Regulation 2013. Anti-discrimination The NSW Anti-discrimination Act is: • Anti-Discrimination Act 1977 No 48. This legislation is administered by the anti-discrimination Board at: <www.antidiscrimination.justice.nsw.gov.au>. Complaints about discrimination can be made to the anti-discrimination Board. Discrimination can take many forms, including harassing or treating people unfairly on the basis of their: • race • race • sex • gender identity (e.g. transgender) • sexuality (e.g. homosexuality) • disability (e.g. physical, intellectual or psychiatric) • marital status • age (includes discrimination due to having children). You should refer to the document ’Factsheet 17: Discrimination’ at: <https://files.tenants.org.au/factsheets/fs17.pdf>. Work Health Safety The Work Health Safety legislation in NSW consists of: • Work Health and Safety Act 2011 • Work Health and Safety Regulation 2017. SafeWork NSW administer, provide advice and monitor and enforce compliance with this legislation at: <www.safework.nsw.gov.au>. Land titles Land titles in NSW are handled by the NSW Land Registry Services at: <www.nswlrs.com.au>. https://www.legislation.nsw.gov.au/#/view/act/1994/46 https://www.legislation.nsw.gov.au/#/view/act/2013/2 https://legislation.nsw.gov.au/#/view/regulation/2013/718 https://www.legislation.nsw.gov.au/#/view/act/1977/48 https://www.antidiscrimination.justice.nsw.gov.au/ https://files.tenants.org.au/factsheets/fs17.pdf https://www.safework.nsw.gov.au/ https://www.nswlrs.com.au/ Industry Fundamentals NSW — Toolbox © Kaplan Education Pty Ltd 5 2 Working in the property industry Licence levels There are three licence levels in NSW. These are determined by the applicant’s qualifications and experience in the sector: • Certificate of registration as an assistant agent • Class 2 licence as a licensed agent • Class 1 licence as a licensed agent or licensee in charge of a business. Assistant agents Entry level to the industry is a certificate of registration as an assistant agent. Assistant agents perform entry-level roles while they obtain the qualifications and experience necessary to become a fully licensed agent (Class 2 or Class 1 licence). All certificates of registration are issued for a fixed term of four years, with no extensions of time or renewals allowed beyond that time. This provides for assistant agents to advance to a Class 2 or Class 1 licence as they build on work experience and improve their knowledge of the industry. By the end of the four years, the certificate of registration holder can either obtain a Class 2 licence or cease working as an assistant agent. A person may apply for a new certificate of registration one year after the expiry of their previous certificate of registration. A person who is an assistant agent cannot: • enter into a contract for the sale of land • enter into an agency agreement (this includes a sales agreement or a property management agreement) • enter into a franchising agreement • authorise the withdrawal of money from a trust account. Class 2 licence The next step upwards from an Assistant Agent level is a Class 2 licence. Any person holding a Class 2 licence can: • enter into a contract for the sale of land • enter into an agency agreement (this includes a sales agreement or a property management agreement) • enter into a franchising agreement. However, only a person holding a Class 1 licence who is the nominated licensee in charge can authorise the withdrawal of money from a trust account. Industry Fundamentals NSW 6 CIVREP-NSW1_Toolbox_v2 Class 1 licence A person who is the licensee in charge of a business needs to obtain a Class 1 licence. Note: You can obtain a Class 1 licence but not be nominated as the licensee in charge. Only the nominated licensee in charge of a business can authorise the withdrawal of money from a trust account. Under an unrestricted real estate agent’s licence, an agency may carry out the following functions: • business agent • on-site residential property manager • real estate sale or leasing functions. Applicants for a licence can choose a licence duration of 1, 3 or 5 years. Eligibility requirements There are eligibility requirements to work in the real estate industry, at both registration and licensing level. To read about these, visit the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au>  Housing and property  Property professionals  Becoming an agent  Applying for a licence or certificate (viewed 15 February 2021). Qualifications The educational qualifications required to work in the industry can be researched on the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au  Housing and property  Property professionals  Becoming an agent  Qualifications (viewed 15 February 2021). Continuing professional development requirements In NSW, all individuals who hold a Class 1 licence, Class 2 licence or a Certificate of Registration must complete the CPD specified for their licence or certificate category each year. Failure to comply with your CPD requirements may result in the suspension or cancellation of your licence or certificate. The CPD year for all licence and certificate holders starts on 23 March each year and ends on 22 March the following year. The CPD activities that you have to complete depends upon the level and type of licence you hold. A Class 2 Real Estate Agent is required to undertake six hours of CPD each year. Of this, three hours are compulsory topics determined annually by Fair Trading and three hours are elective topics. A Class 1 Real Estate Agent is required to undertake nine hours of CPD each year. Of this, three hours are compulsory topics determined annually by Fair Trading, and six hours are elective topics. Three hours of the elective topics must be related to business management. https://www.fairtrading.nsw.gov.au/ https://www.fairtrading.nsw.gov.au/ Industry Fundamentals NSW — Toolbox © Kaplan Education Pty Ltd 7 Certificate of Registration holders, as an assistant real estate agent, must complete at least three units each CPD year from a valid Certificate IV qualification that is required for the issue of a Class 2 Agent licence in Real Estate (with or without restrictions). Assistant agents can complete any of the units from their Certificate IV qualification. Compulsory topics are delivered by industry associations, government agencies and approved entities. The details of approved providers are published on the Fair Trading website. To view the details of the required CPD training, visit the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au>  Housing and property  Property professionals  Working as an agent  ‘Continuing Professional Development (CPD) requirements (viewed 15 February 2021). 3 Ethical and conduct standards for agents Agent rules of conduct In NSW the agent conduct standards are known as the Agent ‘Rules of Conduct’. The Agent Rules of Conduct in NSW are located in the schedules to the Property and Stock Agents Regulation 2014. You can access the Regulation on the NSW Government Legislation website at: <www.legislation.nsw.gov.au>. You should review the information regarding Rules of Conduct on the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au>  Housing & property  Property professionals  Working as an agent  Rules of Conduct (viewed 15 February 2021). • Schedule 1 of the Property and Stock Agents Regulation 2014 contain the General Rules of Conduct which apply to all agents and assistant agents. • Schedule 2 of the Property and Stock Agents Regulation 2014 contain Rules of Conduct that are applicable to real estate agents and assistant real estate agents. – Part 1 of Schedule 2 applies to real estate and business sales. – Part 2 of Schedule 2 applies to property management and leasing functions. • Schedule 3 applies to stock and station agents and assistant stock and station agents • Schedule 6 applies to strata managing agents and assistant strata managing agents. Note: Schedule 4 and 5 are repealed. https://www.fairtrading.nsw.gov.au/ https://www.legislation.nsw.gov.au/ https://www.fairtrading.nsw.gov.au/ Industry Fundamentals NSW 8 CIVREP-NSW1_Toolbox_v2 Disclosure of material fact information Section 52 of the Property and Stock Agents Act 2002 requires that a licensee or certificate holder must not induce a person to enter into any contract or arrangement by: • any statement, representation or promise that is false, misleading or deceptive (whether to the knowledge of the agent or not), or • any failure to disclose a material fact of a kind prescribed by the regulations (whether intended or not) that the agent knows or ought reasonably to know. A material fact is a fact that would be important to a reasonable person in deciding whether or not to proceed with a particular transaction. An offence under this section can attract a penalty of up to $22,000. Section 54 the Property and Stock Agents Regulation 2014 lists what material facts must be disclosed in a property transaction. NSW Fair Trading produce ‘Misrepresentation’ guidelines on their website at: <www.fairtrading.nsw.gov.au/housing-and-property/property-professionals/running-a- property-agency/misrepresentation-guidelines>. It is important for you to review the ‘Misrepresentation’ guidelines in detail. Disclosure of conflicts of interest The Property and Stock Agents Act Section 47 requires agents to disclose any relationships that may be a potential conflict of interest, as well as the amount of rebates, discounts or commission obtained by the agent from these relationships. Refer to Section 47 of Property and Stock Agents Act 2002. The Section 47 form is available at: <www.fairtrading.nsw.gov.au/help- centre/forms/property-services-forms>. Restrictions on obtaining beneficial interest Refer to Section 49 of the Property and Stock Agents Act 2002. Any agent who wishes to obtain a beneficial interest in a particular property must ensure the client consents in the approved form (see below), the agent must act fairly and reasonably, and not take commission unless the client consents in writing. Refer to Section 49 Form on NSW Fair Trading website at: <www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms>. https://www.fairtrading.nsw.gov.au/housing-and-property/property-professionals/running-a-property-agency/misrepresentation-guidelines https://www.fairtrading.nsw.gov.au/housing-and-property/property-professionals/running-a-property-agency/misrepresentation-guidelines http://www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms http://www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms https://www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms Industry Fundamentals NSW — Toolbox © Kaplan Education Pty Ltd 9 Secret commission A secret commission in real estate includes receiving any funds from a third party without the knowledge and permission of the principal (client). Part 4A of the NSW Crimes Act 1900 prohibits the following conduct: • Receiving or soliciting, as an agent, an inducement or reward for doing or not doing something in relation to the affairs of their principal. • Corruptly giving or offering an agent an inducement or reward for doing or not doing something in relation to the affairs of the agent's principal. • Use of misleading documents or statements by agents with the intent of defrauding their principals. • Corrupt inducements to a person for giving advice to a third party which induces them to enter into a contract or appoint the person who gives the inducement to any office. Penalties for infringements include fines as well as imprisonment for up to seven years for individuals that are involved. A secret commission is also potentially misleading and deceptive conduct under the provisions of the consumer protection legislation, which could lead to an action for damages by an aggrieved party (such as the principal) or the ACCC itself. There may also be a misrepresentation under that legislation giving rise to a liability for a fine. Finally, any agent that accepts a secret commission will be likely to have committed a default under the agency agreement, thus exposing the agent to termination of the agreement and liability for damages. Underquoting guidelines NSW Fair Trading produce ‘Underquoting guidelines for residential property’ to assist agents to comply with Section 72–76 Property and Stock Agents Act 2002 at: <www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/367975/Underquoting_guid elines_for_residential_property.pdf>. Read through these underquoting guidelines carefully. 4 Trust account requirements Trust account requirements can be located in the Property and Stock Agents Act 2002 and Regulation 2014, which can be assessed on the NSW Government Legislation website at: <www.legislation.nsw.gov.au>. You should review: • Property Stock and Business Agents Act 2002: – Part 7: Trust accounts and Part 8: Records • Property Stock and Business Agents Regulation 2014: – Part 4: Trust money. If a real estate agency is offering both sales and property management services, there must be separate trust accounts for these two areas. https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/367975/Underquoting_guidelines_for_residential_property.pdf https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/367975/Underquoting_guidelines_for_residential_property.pdf https://www.legislation.nsw.gov.au/ Industry Fundamentals NSW 10 CIVREP-NSW1_Toolbox_v2 Only a licensee in charge (LIC) of a business may authorise trust account withdrawals from a trust account. LICs are responsible for reviewing and approving all transactions for the trust account before they occur, including electronic fund transfers and payment of trust money by cheque. There can also only be one LIC who is able to authorise withdrawals for a trust account. An LIC is unable to delegate their authority to another person. Generally, no cash is paid to agents anymore. This is because accepting cash can be a security issue in the agency, and if stolen, may not be covered under the agent’s business or professional indemnity insurance. The agency you work for should provide specific instructions about whether you are allowed to take cash from clients. If you do accept cash as trust account money, it must be banked into the trust account by the close of business on the next banking day. You can also access information regarding trust accounting requirements from the NSW Fair Trading website at: <www.fairtrading.nsw.gov.au>  Housing & property  Property professionals  Supervising an agency  Trust accounts and audit requirements – real estate (viewed 15 February 2021). 5 Industry associations and groups Real estate industry associations Real Estate Institute of NSW The Real Estate Institute of NSW (REINSW) assists agents with industry training, best practice help line, industry journal, conferences, webinars and membership of specialist area chapters at: <www.reinsw.com.au>. Australian Property Institute The Australian Property Institute is another industry association for agents; more commonly for agents that specialise in commercial real estate. It provides guidance notes, practice standards, information papers, education and conferences at: <www.api.org.au>. https://www.fairtrading.nsw.gov.au/ https://www.reinsw.com.au/ https://www.api.org.au/ Industry Fundamentals NSW — Toolbox © Kaplan Education Pty Ltd 11 Employment related associations In NSW the registered industrial organisations are: The Real Estate Employers Federation (REEF) The Real Estate Employers Federation (REEF), representing employers at: <www.reef.org.au>. The Real Estate Association of NSW (REANSW) The Real Estate Association of NSW (REANSW), representing employees at: <www.reinsw.com.au>. REANSW is state-registered to represent the interests of employees (except clerical) in the real estate industry within NSW. https://www.reef.org.au/ https://www.reinsw.com.au/ Industry Fundamentals NSW 12 CIVREP-NSW1_Toolbox_v2 References The Australian Property Institute (API) n.d., viewed 12 May 2020, <http://www.api.org.au>. LawAccess NSW 2020, Communities and Justice, Legal Dictionary, NSW Government, viewed 12 May 2020, <http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_legalwords.aspx>. NSW Fair Trading n.d., NSW Government, viewed 12 May 2020, <https://www.fairtrading.nsw.gov.au>. NSW Fair Trading n.d., Misrepresentation, NSW Government, viewed 12 May 2020, <https://www.fairtrading.nsw.gov.au/housing-and-property/property- professionals/running-a-property-agency/misrepresentation-guidelines>. NSW Fair Trading n.d., Property services forms, Section 47 form, NSW Government, viewed 12 May 2020, <http://www.fairtrading.nsw.gov.au/help-centre/forms/property- services-forms>. NSW Fair Trading n.d., Property services forms, Section 49 Form, NSW Government, viewed 12 May 2020, <https://www.fairtrading.nsw.gov.au/help- centre/forms/property-services-forms>. NSW Fair Trading 2016, Underquoting guidelines for residential property, January, NSW Government, viewed 12 May 2020, <https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/367975/Underquoti ng_guidelines_for_residential_property.pdf>. NSW Land Registry Services n.d., Land titles, viewed 12 May 2020, <https://www.nswlrs.com.au>. NSW legislation n.d., NSW Government, viewed 12 May 2020, <http://www.legislation.nsw.gov.au>. NSW legislation 2002, Property and Stock Agents Act 2002 No 66, NSW Government, viewed 12 May 2020, <https://www.legislation.nsw.gov.au/#/view/act/2002/66>. NSW legislation 2014, Property and Stock Agents Regulation 2014, NSW Government, viewed 12 May 2020, <https://www.legislation.nsw.gov.au/#/view/regulation/2014/563>. NSW Legislation 2018, Gazumping, 12 June, viewed 12 May 2020, <https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling- property/buying-a-property/gazumping>. The Real Estate Association of NSW (REANSW) n.d., viewed 12 May 2020, <http://www.reansw.asn.au>. The Real Estate Employers Federation (REEF) n.d., viewed 12 May 2020, <https://www.reef.org.au>. The Real Estate Institute of NSW (REINSW) n.d., viewed 12 May 2020, <https://www.reinsw.com.au>. SafeWork NSW n.d., viewed 12 May 2020, <https://www.safework.nsw.gov.au>. Tenants’ union of New South Wales 2019, Factsheet 17: Discrimination, April, viewed 12 May 2020, <https://www.tenants.org.au/factsheet-17-discrimination>. http://www.api.org.au/ http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist_legalwords.aspx https://www.fairtrading.nsw.gov.au/ https://www.fairtrading.nsw.gov.au/housing-and-property/property-professionals/running-a-property-agency/misrepresentation-guidelines https://www.fairtrading.nsw.gov.au/housing-and-property/property-professionals/running-a-property-agency/misrepresentation-guidelines http://www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms http://www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms https://www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms https://www.fairtrading.nsw.gov.au/help-centre/forms/property-services-forms https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/367975/Underquoting_guidelines_for_residential_property.pdf https://www.fairtrading.nsw.gov.au/__data/assets/pdf_file/0010/367975/Underquoting_guidelines_for_residential_property.pdf https://www.nswlrs.com.au/ http://www.legislation.nsw.gov.au/ https://www.legislation.nsw.gov.au/%23/view/act/2002/66 https://www.legislation.nsw.gov.au/%23/view/regulation/2014/563 https://www.fairtrading.nsw.gov.au/housing-and-property/buying-and-selling-property/buying-a-property/gazumping … Written Assignment Industry Fundamentals NSW (CIVREP-NSW1_AS_v2) Student identification (student to complete) Please complete the fields shaded grey. Student number Assignment result (assessor to complete) Result — first submission Not yet demonstrated Parts that must be resubmitted Result — resubmission (if applicable) Not applicable Result summary (assessor to complete) First submission Resubmission (if required) Part 1: Instructions for completing and submitting this assignment Part 2: Assignment tasks Task 1: Research report — Working in real estate Not yet demonstrated Not applicable Task 2: Research report — Professional development, accessing and interpreting legislation Not yet demonstrated Not applicable Task 3: Research report — Ethical practice Not yet demonstrated Not applicable Task 4: Research task — Develop marketing profiles Not yet demonstrated Not applicable Task 5: Client statement and Research report — Trust accounting Not yet demonstrated Not applicable Part 3: Assignment questions Legislation, Regulation and Ethics (Questions 1–12) Not yet demonstrated Not applicable Client expectations and communication (Questions 13–23) Not yet demonstrated Not applicable Trust accounts (Question 24–34) Not yet demonstrated Not applicable Feedback (assessor to complete) [insert assessor feedback] Before you begin Read everything in this document before you start your assignment for Industry Fundamentals NSW (CIVREP-NSW1_AS_v2). About this document This document is the Written Assignment — half of the overall Written and Oral Assignment. This document includes the following parts: • Part 1: Instructions for completing and submitting the assignment • Part 2: Assignment tasks • Part 3: Assignment questions. How to use the study plan We recommend that you use the study plan for this subject to help you manage your time to complete the assignment within your enrolment period. Your study plan is in the KapLearn Industry Fundamentals NSW (CIVREP-NSW1) subject room. Part 1: Instructions for completing and submitting the assignment Saving your work Download this document to your desktop, type your answers in the spaces provided and save your work regularly. • Use the template provided, as other formats will not be accepted for these assignments. • Name your file as follows: Studentnumber_SubjectCode_Assignment_versionnumber_Submissionnumber (e.g. 12345678_CIVREP-NSW1_AS_v2_Submission1). • Include your student ID on the first page of the assignment. Before you submit your work, please do a spell check and proofread your work to ensure that everything is clear and unambiguous. Word count The word count shown with each question is indicative only. You will not be penalised for exceeding the suggested word count. Please do not include additional information which is outside the scope of the question. Additional research You will be required to do additional research to answer the assignment questions. Submitting the written assignment Only Microsoft Office compatible written assignments submitted in the template file will be accepted for marking by Kaplan Professional Education. You need to save and submit this entire document. Do not remove any sections of the document. Do not save your completed assignment as a PDF. The written assignment must be completed before submitting it to Kaplan Professional Education. Incomplete written assignments will be returned to you unmarked. The maximum file size is 20MB for the written and oral assignment. Once you submit your written assignment for marking you will be unable to make any further changes to it. You are able to submit your written assignment earlier than the deadline if you are confident you have completed all parts and have prepared a quality submission. Please refer to the Assignment submission/resubmission videos in the ‘Assessment’ section of KapLearn under your ‘Assignment Enrolment’ for details on how to submit/resubmit your written assignment. Your written assignment and oral assignment must be submitted together on or before your due date. Please check KapLearn for the due date. The written assignment marking process You have 12 weeks from the date of your enrolment in this subject to submit your completed assignment. If you reach the end of your initial enrolment period and have been deemed ‘Not yet demonstrated’ in one or more assessment items, then an additional four (4) weeks will be granted, provided you attempted all assessment tasks during the initial enrolment period. Your assessor will mark your assignment and return it to you in the Industry Fundamentals NSW (CIVREP-NSW1) subject room in KapLearn under the ‘Assessment’ tab. Make a reasonable attempt You must demonstrate that you have made a reasonable attempt to answer all of the questions in your written assignment. Failure to do so will mean that your assignment will not be accepted for marking; therefore, you will not receive the benefit of feedback on your submission. If you do not meet these requirements, you will be notified. You will then have until your submission deadline to submit your completed written and oral assignment. How your written assignment is graded Assignment tasks are used to determine your ‘competence’ in demonstrating the required knowledge and/or skills for each subject. As a result, you will be graded as either Demonstrated or Not yet demonstrated. Your assessor will follow the below process when marking your written assignment: • Assess your responses to each question, and sub-parts if applicable, and then determine whether you have demonstrated competence in each question. • Determine if, on a holistic basis, your responses to the questions have demonstrated overall competence. You must be deemed to be demonstrated in all assessment items in order to be awarded the units of competency in this subject, including: • all of the exam questions • the written and oral assignment. ‘Not yet demonstrated’ and resubmissions Should sections of your assignment be marked as ‘Not yet demonstrated’ you will be given an additional opportunity to amend your responses so that you can demonstrate your competency to the required level. You must address the assessor’s feedback in your amended responses. You only need amend those sections where the assessor has determined you are ‘Not yet demonstrated’. Make changes to your original submission. Use a different text colour for your resubmission. Your assessor will be in a better position to gauge the quality and nature of your changes. Ensure you leave your first assessor’s comments in your assignment, so your second assessor can see the instructions that were originally provided for you. Do not change any comments made by a Kaplan assessor. Units of competency This assignment is your opportunity to demonstrate your competency against these units: CPPREP4001 Prepare for professional practice in real estate CPPREP4002 Access and interpret ethical practice in real estate CPPREP4003 Access and interpret legislation in real estate CPPREP4004 Establish marketing and communication profiles in real estate CPPREP4005 Prepare to work with real estate trust accounts Note that the written and oral assignment is one of two assessments required to meet the requirements of the units of competency. We are here to help If you have any questions about this written assignment you can post your query on the ‘Ask your Tutor’ forum in your subject room. You can expect an answer within 24 hours of your posting from one of our technical advisers or student support staff. Part 2: Research tasks Task 1: Research report — Working in real estate You are keen to start work in the real estate industry. You decide that before you start looking for a role, you will prepare a report which provides an overview of working in the real estate sector. Carry out your own research and produce a report that covers the following questions. Agency function and structure (a) What are the functions of a real estate agency (key services offered) and typical business structures? The regulatory environment and legislation (b) What is the main legislation that regulates the real estate industry in your state? List the name of the Act and any supporting regulations. In your response, state how you would access this legislation to ensure you are reading the latest version. (c) What is the name of the regulatory authority for the real estate industry in your state? Visit the website for this regulatory authority and carry out some research. Explain the role of this regulator as it relates to the real estate industry. (d) Besides the legislation you have listed in (b), identify two (2) other key pieces of legislation that you would need to consider when working in real estate and explain how this legislation is relevant to the industry. Industry authorities/bodies (e) Visit the websites of the following government authorities and briefly explain their role as it relates to the property sector: (i) Australian Competition and Consumer Commission (ACCC) (ii) Office of Privacy Commissioner (iii) Australian Human Rights Commission (AHRC) (iv) Safe Work Australia (SWA). (f) Name one (1) state-based industry authority/body in your state and its role in the sector. Licensing requirements and key responsibilities of personnel (g) Explain the licensing requirements and key responsibilities of: • the real estate licensee-in-charge/person who has effective control of the office • two (2) other agency roles — at least one (1) is to be a regulated role (i.e. must be a role that requires the employee to hold a registration or licence). (h) Explain any regulatory requirements for continuing professional development (CPD) in your state. If your state has no mandatory CPD requirements, state this. Employment in real estate (i) List at least three (3) different employment opportunities in the real estate industry (types of work roles). Hint:  It may assist you to research the classifications in the real estate award as this lists a lot of positions that are available in a real estate agency. (j) Explain where you could locate the various terms and conditions for working in real estate and provide one (1) example of a standard term. Communication strategies (k) Provide details of three (3) different communication strategies that can be used with clients to build relationships. Professional development pathways (l) Describe at least two (2) professional development pathways within real estate. Industry associations (m) Name two (2) industry associations that you would consider joining once you are working in the real estate sector. In what ways could joining this industry association benefit you in your real estate work role? (1,500 words) Answer here Assessor feedback Resubmission required? No Task 2: Research report — Professional development, accessing and interpreting legislation Imagine that you applied for registration to work in the real estate industry and applied for your first role in real estate. You had completed thorough research and understood the role well based on your report above, so you got the job! You are very excited and want to make sure that you meet all the requirements that your new employer expects of you. Part A: Professional development Shortly after you start in your new role (you can choose from a sales or property management role), your agency licensee/manager asks you to prepare a short plan that sets out opportunities for CPD over the next 12 months, firstly to develop your competence, and then progress to specialist or advanced skills. This involves you assessing your own existing personal knowledge and skills in providing real estate services and suggesting a plan to address priorities in your training needs, including how you might obtain the training. Note: If your state has any mandatory CPD requirements for renewal of your registration or licence, you will need to reflect these in your answer to show that you understand how your professional development plan incorporates this regulatory requirement. (1,000 words) Answer here Assessor feedback Resubmission required? No Part B: Accessing and interpreting legislation Now that you and your employer have a clear picture of what professional development you may require, your manager sets you the task of writing a report that will show that you understand how to access and interpret the legislation relevant to working in real estate. You are required to: • Refer to the ‘Toolbox’ in your KapLearn subject room for the agent legislation in your state. There is a main Act and a supporting piece of legislation, such as a regulation, that regulates the real estate industry in your state. Below is a set of questions which will guide you through what you need to include in your report. Note: You will need to do this for each of the two (2) pieces of legislation. Information you need to include in your two (2) legislation reports: (a) where you accessed the legislation — for example, specify the link you used to a government website, such as: <www.legislation.nsw.gov.au> (b) the full long title of the legislation (c) whether the chosen legislation is primary or secondary and what it’s purpose is (d) the key components and structure of the chosen piece of legislation, which includes: • the name of the short title, if relevant • when the legislation commenced • how you can quickly locate the contents of the legislation in summary • where you can locate the definitions in the legislation • when headings are used in the legislation • how many ‘Parts’ are in the legislation • an example of a clause/subclause in the legislation • list the schedules of the legislation (e) two (2) breaches specified within the legislation and the penalties for each breach (you can cut and paste directly from the legislation). (f) how to identify the currency of the chosen legislation. (g) a description of two (2) language conventions or reading rules that might help you with interpreting legislation. Note: Ensure you repeat this process (answer (a)–(g)) for your second piece of legislation. (1,000 words) Answer here Assessor feedback Resubmission required? No Task 3: Research report — Ethical practice Now that you are working in an agency, your agency manager tells you that in the weekly team meeting, they will be providing information about a legal case, and asking different individual team members to research the case and provide a report back to the team. It is now your turn. The agency manager has provided you with details of a legal case study for Part A of your report. For Part B, the manager also asks you to provide some examples of ethical practice to generate team discussion. Part A: Legal case study Access and review the published real estate industry prosecution Zhang versus VP302 SPV & Ors (2009) NSWSC 73, in the Assignment Resources. This case involves the breaching of consumer protection requirements. Note: The Trade Practices Act mentioned in the article is now called the Australian Consumer Law. Develop a short report on the case study to give to your manager. Include the following information (use these as headings to structure your report): (a) a description of the unethical practice of the agent in the case. (b) an explanation of how the unethical practice relates to consumer protection requirements. (c) the real estate ethical standards/codes of conduct or codes of practice relevant to this legal case, including those that could have been applied and would demonstrate ethical practice. (d) After considering the above case, your manager has also asked that you reflect on the following in relation to ethical issues in real estate practice: • What would you suggest if a client or customer expressed concern to you about what they believe is a discrepancy between practices in your agency, and ethical practice standards? • Describe two (2) strategies you could use to address or respond to the client’s concerns. For example, what sources of specialist advice might you consult? (1,000 words) Answer here Assessor feedback Resubmission required? No Part B: Ethical practice in real estate Your manager provides the following list of ethical practices to you and asks you to provide a brief example of each, to be included as the second part of your report. Ethical practice One example of how I can demonstrate this ethical practice when working in real estate Maintaining and developing industry qualifications, licences, competency Answer here Maintaining knowledge of relevant legislation and truly demonstrating this knowledge in real estate activities and transactions Answer here Complying with fiduciary duty and obligations Answer here Acting with a client focus Answer here Acting with honesty, fairness and professionalism Answer here Exercising skill, care and diligence Answer here Acting in the best interest of clients Answer here Following principal's instructions unless unlawful Answer here Maintaining confidentiality and security of client information Answer here Obtaining and acting according to client authority and instructions Answer here Maintaining independence and disclosing and managing potential conflicts of interest (e.g. referrals, rebates, commissions) Answer here Disclosing real and potential conflicts of interest Answer here Making sure advertising and communications are not false or misleading Answer here Using clear communication in all dealings with all parties to the real estate transaction, including providing written documents and signed documents Answer here Assessor feedback Resubmission required? No Task 4: Research task — Develop marketing profiles Your manager has also assigned you the task to develop three (3) marketing profiles, which are listed below. Assume this is a step prior to posting the profile online or in other media such as Facebook, Twitter, LinkedIn (which would typically occur in real-world marketing). Therefore, you may simply type your profiles into the box provided below, ensure they are laid out in a suitable format for posting in media. Consider using tables or headings for clarity for readers. Marketing profile 1: Agency profile (a) Design a marketing profile for your agency that would engage the agency with its surrounding community. Include with your profile, a brief description of how you considered the following: • communication channels • a target market analysis • client expectations • promoting agency brand and reputation • testimonials • professionalism • ethical requirements • legal requirements. Marketing profile 2: Agent profile (b) Design a marketing profile of yourself (the agent), to attract potential clients. You will represent yourself as having a role in either sales or property management. Include with your profile, a brief description of how you considered the following: • communication channels • a target market analysis • client expectations • promoting agency brand and reputation • testimonials • professionalism • ethical requirements • legal requirements. Marketing profile 3: Property profile (c) Design an advertisement profile of a property to attract customers in one (1) of the following target markets: • first home buyer • family • investor. It is recommended that you review real estate advertising websites (such as realestate.com.au) to research samples of advertising profile descriptions. Shown below are images of three different styles of properties. Choose one (1) of these images, by clicking on one the check boxes provided and complete the below: • Create a description of the property, that includes: address, features, sale/rental price, inspection times, contact details and any other details that you consider should be required to complete a professional advertisement of a property. • Decide if the property is offered for rent, or for sale. For ideas, it is recommended that you research real estate websites and other forms of advertising in your desired area. Insert your chosen image to complete your marketing profile #3. Image 1 Image 2 Image 3 Select which image you have chosen to create your advertisement by clicking on one of the following checkboxes: ☐ Image 1, or ☐ Image 2, or ☐ Image 3. Create your advertisement below. (1,000 words) Answer here Assessor feedback Resubmission required? No Task 5: Client statement and research report — Trust accounting Below is a task on trust accounting. You will be required to firstly demonstrate knowledge on how to read a sample client statement, and then complete a research task on trust accounting. Part A: Client statement In this part of your task, you need to demonstrate knowledge on how to read an end of month landlord statement. Figure 1 Example of landlord’s end of month statement AAA Real estate Pty Ltd 20 Study Street BBB Suburb 2000 State/Territory Australia ABN: 00 345 678 910 www.aaarealestate.com.au Ph: + 61 001 412 123 Email: [email protected] Zen Yogi & Belinda Thomas PO Box 13002 CCC Suburb 2000 State/Territory Australia Agent ABN: 00 345 678 910 Primary Owner Statement for Period ending: 31/10/2019 Reference: YOGI&THO/MOO TAX INVOICE Zen Yogi & Belinda Thomas Property Tennant Rent ($) Paid from To Periods Paid ($) Credit ($) 12/24 Moon Street YYY Suburb 2000 Eliza Purple 590.00 W1 14/10/19 01/11/19 4 2,360.00 0.00 Date: 25/10/2019 Disbursements & sundry receipts Debit ($) Credit ($) Total rent collected from tenants: 2,360.00 12/24 Moon Street Smoke Alarms Australia Inv.: 000148 Annual smoke alarm 05/09/19–30/09/20 (includes $9.00 GST) 99.00 * Management fees: 107.38 * Admin and sundries: 5.00 Plus GST on items marked * 11.34 223.72 2,360.00 NET AMOUNT TO BE PAID: 2,136.28 Transferred to your bank account: $2,136.28 Answer the following questions relating to the landlord’s statement in Figure 1 above: (a) What is the name(s) of property owner(s)? (b) What is the month end of this statement? (c) What the unit number of this property? (d) What is the name of the tenant? (e) How much is the rent per week? (f) On what date is the rent paid? (g) How many weeks rent has the tenant paid? (h) What was the total amount of rent paid? (i) What is the commission being charged to this landlord (including GST)? (j) What is the amount transferred to the landlord at the end of this month? (k) Which staff member, should be responsible to process the end of month statements, at the end of the month? Answer here (Clearly label your responses) Assessor feedback Resubmission required? No Part B: Trust account security Review the following website articles on trust accounting fraud and trust account hacking via email. • Article: Former Unique Estates founder Nicolette van Wijngaarden sentenced to more than three years jail for trust account fraud • Article: Six agencies closed following trust account fraud • Article: Beware hacking scam targeting business email accounts – News alert Write a report on suggested trust account procedures and policies to be implemented or established in a real estate agency that are aligned with best-business practices and legislation. You must demonstrate, in this report: • your knowledge of appropriate industry processes to maintain trust account integrity, security, confidentiality and privacy • how to prevent the types of fraudulent activity discussed in the articles • how to ensure the trust account is kept secure, confidential and private • how to minimise risk of trust account misuse. (1,000 words) Answer here Assessor feedback: Resubmission required? No Assessor feedback: [insert feedback] Date assessed: Click here to enter a date Does the student need to resubmit? No Questions that need to be resubmitted First submission Not yet demonstrated Resubmission Not applicable To pass this subject, you will need to be assessed as DEMONSTRATED for either your first submission or your resubmission. Part 3: Assignment questions Legislation, Regulation and Ethics Question 1 Briefly explain the difference between the following three (3) forms of business ownership for real estate agencies, focussing liabilities and responsibilities of the business owners: • sole trader • company • partnership. (100 words) Answer here (clearly label your responses) Assessor feedback Resubmission required? No Question 2 (a) What is a fiduciary relationship? (b) What are the key obligations of an agent in a fiduciary relationship? (150 words) Answer here (Clearly label your responses) Assessor feedback Resubmission required? No Question 3 (a) What are the employee classification levels that are set out in the Real Estate Award? (b) What is an ‘employment agreement’ and why is it necessary to have one when working in real estate? (c) Name two (2) things that you would expect to find in an employment agreement. (d) Review the National Employment Standards. Complete the following table with one (1) example of employer rights and responsibilities, and one (1) example of employee rights and responsibilities, taken from the National Employment Standards: (250 words) RIGHTS regarding conditions of employment RESPONSIBILITIES regarding conditions of employment Employer right Employer responsibility Answer here Answer here Employee right Employee responsibility Answer here Answer here Answer here (Clearly label your responses) Assessor feedback Resubmission required? No Question 4 (a) Explain the basic principles of equal opportunity/anti-discrimination legislation. (b) Provide two (2) examples of how the anti-discrimination legislation applies to real estate activities. (150 words) Answer here (Clearly label your responses) Assessor feedback Resubmission required? No Question 5 (a) What is licence lending and is it legal? (b) Explain the main way the state based legislated rules of conduct differ to industry codes of ethics such as the Real Estate Institute’s Principles of Conduct, in terms of who they apply to and how they can be enforced. (150 words) Answer here (Clearly label your responses) Assessor feedback Resubmission required? No Question 6 (a) What are the legislated agent rules of conduct called in your state? (b) Where are these rules of conduct located? State the name of the legislation and how you accessed it. (c) Choose one (1) rule of conduct and explain it in your own words. (d) What is the penalty for a breach of your state’s agent rules of conduct? (e) What is the value of penalty units in your state? (150 words) Answer here (Clearly label your responses) Assessor feedback Resubmission required? No Question 7 In each box below, identify one (1) risk arising from fraudulent activities of agents. Hint: When thinking about risk — think about the potential impact that fraudulent activity has on this party. (150 words) Risks to: Your example: Clients Answer here Real estate agency Answer here Real estate industry Answer here Community Answer here Yourself (i.e. as an employee working in the real estate industry) Answer here Assessor feedback Resubmission required? No Question 8 State one (1) question to ask yourself when making a decision, to ensure that you consider ethical issues. (50 words) Answer here Assessor feedback Resubmission required? No Question 9 Explain the legal requirement for agents if they wish to purchase a client’s property (known as ‘obtaining beneficial interest’). (50 words) Answer here Assessor feedback Resubmission required? No Question 10 (a) Define what is meant by ‘material fact’. (b) What does your state’s legislation say about what material facts an agent must disclose to a potential buyer? (250 words) Answer here (Clearly label your responses) Assessor feedback Resubmission required? No Client expectations and communication Question 11 List three (3) services offered by a real estate agency. (50 words) Answer here Assessor feedback Resubmission required? No Question 12 Choose one (1) of the services from Question 11 above and explain the service. (50 words) Service Explanation Answer here Answer here Assessor feedback: Resubmission required? No Question 13 In relation to property marketing, list at least six (6) general expectations that clients have of their agent. (50 words) Answer here Assessor feedback: Resubmission required? No Question 14 In your own words, define ‘communication channel’. (50 words) Answer here Assessor feedback: Resubmission required? No Question 15 Explain one (1) method for marketing and communicating agent services to the client. (100 words) Answer here Assessor feedback: Resubmission required? No Question 16 Explain one (1) method an agency would use to promote itself within the community. (100 words) Answer here Assessor feedback: Resubmission required? No Question 17 In developing a personal profile in real estate, an understanding of client expectations is required, so the agent and agency can deliver a professional high standard of service to those clients. List at least two (2) methods, and outline what is involved in each method. (100 words) Answer here Assessor feedback: Resubmission required? No Question 18 List two (2) approaches an agent should apply to build a successful personal marketing profile in the real estate industry. (50–100 words) Answer here Assessor feedback: Resubmission required? No Question 19 Market research must have clear objectives to obtain information that can be used, monitored and reviewed for an agent and agency to progress in business growth. List six (6) items of information that should be obtained and gathered in market research. (100 words) Answer here Assessor feedback: Resubmission required? No Question 20 List the eight (8) steps to handling a complaint effectively (as defined in Topic 7). (50–100 words) Answer here Assessor feedback: Resubmission required? No Question 21 In your own words, explain the processes you would apply to fulfil step 8 in ‘Steps to handling a complaint effectively’ as per Topic 7. (100 words) Answer here Assessor feedback: Resubmission required? No Trust accounts Question 22 Provide a short explanation of the purpose of trust accounts in real estate. (100 words) Answer here Assessor feedback: Resubmission required? No Question 23 List five (5) standard transactions that occur in real estate trust accounts. (50–100 words) Answer here Assessor feedback: Resubmission required? No Question 24 A seller has walked into the real estate agency office with a cheque to pay $5,000 for marketing fees relating to the sale of their property. Who in the agency has the scope of responsibility for executing the transaction by processing a receipt and issuing it to the client? (50 words) Answer here Assessor feedback: Resubmission required? No Question 25 A daily bank statement has been received detailing all the electronic rent payment deposits made to the agency. Who in the agency has the scope of responsibility to review the statement and allocate the rent to the right property? (50 words) Answer here Assessor feedback: Resubmission required? No Question 26 Explain the difference between a general account and a general trust account in a real estate agency business. (50 words) Answer here Assessor feedback: Resubmission required? No Question 27 List the two (2) different types of trust accounts that mainly exist in a real estate agency business. (50 words) Answer here Assessor feedback: Resubmission required? No Question 28 All real estate agencies must have their general trust account opened with authorised deposit-taking institution. Access the Australian Prudential Regulation Authority (APRA) website ‘register of authorised deposit-taking institutions’. List two (2) authorised deposit-taking institutions in your state/territory. (50 words) Answer here Assessor feedback: Resubmission required? No Question 29 List three (3) consequences for a real estate agency and its staff from the misuse of funds from the agency’s trust account. (100 words) Answer here Assessor feedback: Resubmission required? No Question 30 If the general trust account becomes overdrawn, what should the agency licensee-in-charge do? (100 words) Answer here Assessor feedback: Resubmission required? No Question 31 Explain the purpose of an internal trust account audit. (100 words) Answer here Assessor feedback: Resubmission required? No Question 32 Explain the role and functions of trust accounting software packages. (50–100 words) Answer here Assessor feedback: Resubmission required? No Assessor feedback: [insert feedback] Date assessed: Click here to enter a date Does the student need to resubmit? No Questions that need to be resubmitted First submission Not yet demonstrated Resubmission Not applicable To pass this subject, you will need to be assessed as DEMONSTRATED for either your first submission or your resubmission. CIVREP-NSW1_AS_v2 Page 58 of 63
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Indigenous Australian Entrepreneurs Exami Calculus (people influence of  others) processes that you perceived occurs in this specific Institution Select one of the forms of stratification highlighted (focus on inter the intersectionalities  of these three) to reflect and analyze the potential ways these ( American history Pharmacology Ancient history . Also Numerical analysis Environmental science Electrical Engineering Precalculus Physiology Civil Engineering Electronic Engineering ness Horizons Algebra Geology Physical chemistry nt When considering both O lassrooms Civil Probability ions Identify a specific consumer product that you or your family have used for quite some time. This might be a branded smartphone (if you have used several versions over the years) or the court to consider in its deliberations. Locard’s exchange principle argues that during the commission of a crime Chemical Engineering Ecology aragraphs (meaning 25 sentences or more). Your assignment may be more than 5 paragraphs but not less. INSTRUCTIONS:  To access the FNU Online Library for journals and articles you can go the FNU library link here:  https://www.fnu.edu/library/ In order to n that draws upon the theoretical reading to explain and contextualize the design choices. Be sure to directly quote or paraphrase the reading ce to the vaccine. Your campaign must educate and inform the audience on the benefits but also create for safe and open dialogue. A key metric of your campaign will be the direct increase in numbers.  Key outcomes: The approach that you take must be clear Mechanical Engineering Organic chemistry Geometry nment Topic You will need to pick one topic for your project (5 pts) Literature search You will need to perform a literature search for your topic Geophysics you been involved with a company doing a redesign of business processes Communication on Customer Relations. 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Develop a community-wide intervention to reduce elevated blood pressure and hypertension in the State of Alabama that in in body of the report Conclusions References (8 References Minimum) *** Words count = 2000 words. *** In-Text Citations and References using Harvard style. *** In Task section I’ve chose (Economic issues in overseas contracting)" Electromagnetism w or quality improvement; it was just all part of good nursing care.  The goal for quality improvement is to monitor patient outcomes using statistics for comparison to standards of care for different diseases e a 1 to 2 slide Microsoft PowerPoint presentation on the different models of case management.  Include speaker notes... .....Describe three different models of case management. visual representations of information. They can include numbers SSAY ame workbook for all 3 milestones. You do not need to download a new copy for Milestones 2 or 3. 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Throughout your nurse practitioner program Vignette Understanding Gender Fluidity Providing Inclusive Quality Care Affirming Clinical Encounters Conclusion References Nurse Practitioner Knowledge Mechanics and word limit is unit as a guide only. The assessment may be re-attempted on two further occasions (maximum three attempts in total). All assessments must be resubmitted 3 days within receiving your unsatisfactory grade. You must clearly indicate “Re-su Trigonometry Article writing Other 5. June 29 After the components sending to the manufacturing house 1. In 1972 the Furman v. Georgia case resulted in a decision that would put action into motion. Furman was originally sentenced to death because of a murder he committed in Georgia but the court debated whether or not this was a violation of his 8th amend One of the first conflicts that would need to be investigated would be whether the human service professional followed the responsibility to client ethical standard.  While developing a relationship with client it is important to clarify that if danger or Ethical behavior is a critical topic in the workplace because the impact of it can make or break a business No matter which type of health care organization With a direct sale During the pandemic Computers are being used to monitor the spread of outbreaks in different areas of the world and with this record 3. Furman v. Georgia is a U.S Supreme Court case that resolves around the Eighth Amendments ban on cruel and unsual punishment in death penalty cases. The Furman v. Georgia case was based on Furman being convicted of murder in Georgia. Furman was caught i One major ethical conflict that may arise in my investigation is the Responsibility to Client in both Standard 3 and Standard 4 of the Ethical Standards for Human Service Professionals (2015).  Making sure we do not disclose information without consent ev 4. Identify two examples of real world problems that you have observed in your personal Summary & Evaluation: Reference & 188. Academic Search Ultimate Ethics We can mention at least one example of how the violation of ethical standards can be prevented. Many organizations promote ethical self-regulation by creating moral codes to help direct their business activities *DDB is used for the first three years For example The inbound logistics for William Instrument refer to purchase components from various electronic firms. During the purchase process William need to consider the quality and price of the components. In this case 4. A U.S. Supreme Court case known as Furman v. Georgia (1972) is a landmark case that involved Eighth Amendment’s ban of unusual and cruel punishment in death penalty cases (Furman v. Georgia (1972) With covid coming into place In my opinion with Not necessarily all home buyers are the same! When you choose to work with we buy ugly houses Baltimore & nationwide USA The ability to view ourselves from an unbiased perspective allows us to critically assess our personal strengths and weaknesses. This is an important step in the process of finding the right resources for our personal learning style. Ego and pride can be · By Day 1 of this week While you must form your answers to the questions below from our assigned reading material CliftonLarsonAllen LLP (2013) 5 The family dynamic is awkward at first since the most outgoing and straight forward person in the family in Linda Urien The most important benefit of my statistical analysis would be the accuracy with which I interpret the data. 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