RES420 - John Case Study - Fundamentals of Real Estate Assessment Answer

Assessment Task:

RES420: Fundamentals of Real Estate Assessment Answer

Task 1: Recruitment questions

John is hoping to recruit two new salespeople for the team. He has added a page to the agency’s website, titled ‘Come and work in real estate’, which describes the work and invites people to submit questions. The branch manager has asked you to draft brief answers to some of these
questions. In each case you need to refer to the relevant section(s) of the Real Estate Agents Act 2008 that apply. (Write 50–75 words per response.)
Here are some of the questions John’s received during the past week regarding licensing issues:

1. I am nearly 18 years old. I know you want someone to start work in June, but I don’t turn 18 until October. Would that work?

2. I was convicted of benefit fraud when I was 19. That was 15 years ago, and I haven’t had any problems since then. Will this disqualify me?

3. I was made bankrupt 3 years ago because a customer of my importing business got into financial difficulties and couldn’t pay me. But I’m not a bad
person! Will this count against me becoming a salesperson? My bankruptcy was discharged in March last year.

4. I’ve just completed my salesperson’s course. I want to be a salesperson because my parents both work in real estate. But I don’t have any
experience yet. Will this disadvantage me in any way?

5. My husband got his licence a couple of years ago and has done a bit of work in real estate but doesn’t enjoy it. Can his licence be transferred into my name?

Task 2: Office quiz

John Canon, the branch manager, runs a monthly training session with the sales team. This month he has set a quiz to check the salespeople’s understanding of the Real Estate Agents Act 2008 and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code).
John drafted some scenarios based on cases from the Complaints Assessment Committee and situations he heard about from other agencies. He asks you to prepare example answers to give to the team at the end of the training session. Read the following client complaints then state:

• the legislation that applies to the situation (name the section(s) and rules that apply), and

• whether each issue is likely to reflect:
− misconduct, or
− unsatisfactory conduct, or

no further action is required
• whether section 72(a) or section 73(a) is relevant.

Complaints:

1. I didn’t fully understand what the agreement form said because I only started learning English 3 years ago. I told the salesperson that I wanted to discuss it with my sister, who has lived here for a long time and is fluent in English, before signing. He told me he couldn’t wait, and I would miss out unless I signed the agreement form immediately.

2. The salesperson gave me a bank account number to pay the deposit into. After I’d paid, I received a phone call from the office administrator, asking me to pay the deposit. I told her I’d done so, and it was only then that we found out that the salesperson had given me his personal bank account details. I’ve now discovered he’s since left the agency. Fortunately, the agency isn’t asking me to pay the deposit a second time.

3. When we were preparing our offer to purchase the lifestyle block, the salesperson told us not to bother getting a LIM report. He said they were too
expensive, and that there wouldn’t be any useful information relating to this property. We did get a LIM and found out that the barn doesn’t have a
building consent, and much of the land is part of a flood plain.

4. When we listed our house for sale, the salesperson gave us a booklet from the Real Estate Authority that explained everything. Then she made us read and sign a lengthy agency agreement form, asking us detailed questions about the property. She also told us how we could cancel the agency
agreement if necessary. She advised us to check with our lawyer before signing any documents. It all seemed a bit excessive. Doesn’t she trust us to
make our own decisions?

5. Saturday morning, after a massive argument with my girlfriend of 2 years, I phoned a local real estate agency and had one of their salespeople list my apartment for sale. I’d decided to quit my job and move to Australia. My girlfriend and I made up on Sunday night, and I rang the salesperson early on Monday morning to advise I wanted to cancel the agency agreement. She said I couldn’t do that, because she had already shown a possible buyer through on Sunday.

Task 3: What’s gone wrong?
Respond to the following questions by applying the appropriate legislation. (Use up to 150 words for each answer in Task 3.)

1. Stacey, a salesperson at the office, asks you to photocopy 100 flyers that she wants to use for prospecting purposes. You notice that the flyers don’t make any reference to the agency name or the fact that it’s licensed under the Real Estate Agents Act 2008. The only identifying information is the name and contact details of the salesperson herself. What advice would you give her? Include reference to the appropriate
section of the Real Estate Agents Act 2008 in your answer.

2. Jason, a salesperson, transferred from an agency in another city to this office 2 months ago. He’s just realised that he forgot to notify the Real Estate Authority of his change of address. What should he do now? Include reference to the appropriate section of the Real Estate Agents Act 2008 in your answer.

3. Joel, a salesperson, wants to help his sister Mary, a single parent with three children, get her first home. He’s recently listed an affordable property that would be very suitable for Mary. The clients are in financial difficulty and want to sell quickly. He’s talking about this with you during a coffee break, saying that Mary still uses the name of her children’s father, so nobody need know that they’re related. Joel says he wants to avoid having to get a registered valuation for the property, because ‘that’s just another expense we don’t need. Instead of paying for that, I’d rather buy Mary some furniture’. What advice would you give to Joel? Include reference to the appropriate section of the Real Estate Agents Act 2008 and the Real Estate Agents (Duties of Licensees) Regulations 2009 in your answer.

Task 4: Complaints process
One Saturday Mr Jenkins, a customer you’ve met at the office before, comes into the office in a very upset state. He asks to speak with Cameron, one of the salespeople. You explain that Cameron is attending an auction, accompanied by John, the branch manager. Mr Jenkins tells you that Cameron recently sold him a property.

Mr Jenkins says Cameron misrepresented the property and he has been seriously financially disadvantaged as a result. Mr Jenkins demands to know what your office is going to do about it. How would you explain the complaints process to Mr Jenkins? Refer to the relevant parts of the Code in your explanation.

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