RES420 - Real Estate Licensing Criteria and Conviction Concerns Assignment

Assignment Task

I have been working for the past 16 months as a personal assistant for a salesperson. They no longer want to work in the real estate industry. Is it possible to have their licence transferred into my name?I am keen to pursue a career in real estate, but I am worried that a previous conviction will prohibit me from getting licensed. I was convicted of a dishonesty crime 15 years Do you think I will meet the licensing criteria?

We have had several enquiries regarding eligibility for a career in the Real Estate Industry. I was hoping to be able to respond to these enquiries before I went on leave, however I just ran out of time. Please draft responses to the following enquiries.

Include in your answers, any relevant sections and subsections of the Real Estate Agents Act 2008 that apply?

1. I noticed you are looking for new ‘licensed’ salespeople to join your I don’t have a real estate licence yet, but I would like to become a salesperson. What criteria is needed to be entitled to apply for a salesperson’s licence?
2. I am considering my long-term career options in Real Estate. Once I have obtained my Salesperson’s Licence, what experience and other criteria would I need to meet, before I could apply for a Branch Manager’s Licence? 

• I am going to be studying for the next two years and won’t be needing my

salesperson’s licence. However, I don’t want to cancel my licence as I plan to come back into the industry at a later stage. Is there an option to have my licence put on hold?

Task 2A: Complaints – Identifying sections of the REA Act and Rules of the Code

Read the following complaints and state the legislation that applies to the situation; you will need to name the section(s) of the Real Estate Agents Act 2008 and the rules of the Professional Conduct and Client Care Rules 2012 “The Code”, that have been breached or complied with.Identify one section from the Act and Identify three rules from the code that have been breached (consider the most relevant section and rules that apply to the scenario below).

I was selling my property and agreed to pay $4,000 for advertising costs. The salesperson said I needed to pay before my marketing campaign could start and gave me a bank account number to make the payment. I paid straight away. A few days later, his office sent through the invoice which had a different bank account number on it. When I phoned the office, I discovered I had paid my money into the salesperson’s personal bank account. I was very concerned my money had been put at risk, I feel misled. The agency made a sincere apology and said they would recover the funds from the salesperson. Identify one section from the Act, and Identify three rules from the code that have been breached (consider the most relevant sections and rules that apply to the scenario below).

On Friday afternoon, I signed a sole agency agreement to list my property for sale. I told the salesperson that I did not want any buyers to come and view my property until the following Tuesday, as I had some personal matters to attend to. On two separate occasions over the weekend, the salesperson phoned me to request viewing times, insisting that his buyers would only be available to view on the weekend. I declined both requests. The salesperson phoned me again on Monday morning to say he would be at the property to show the sales team through in approximately 30 minutes. When I declined, and reminded him of my initial instructions, he made the comment ‘well do you want to sell, or not”. I immediately requested to cancel the agency agreement.

Identify one section from the Act, and Identify three rules from the code that have been breached (consider the most relevant section and rules that apply to the scenario below). I was very keen to purchase 24 Baxter Street and asked the Salesperson, Tim, to prepare an offer. I told Tim I was a first home buyer and that I wasn’t really sure of the process. Tim said not to worry, that he would go through the process with me. After preparing the offer, Tim asked me to sign it. I felt a little uneasy as there were some things Tim hadn’t really explained very well, so I decided to have my Lawyer check things over before I signed it. My Lawyer was concerned with the number of mistakes in the sale and purchase agreement and advised me to speak with Tim’s branch manager. I found out that Tim had only been working as a salesperson for two weeks and should have been supervised by his branch manager while preparing the offer for me.

1. Identify two rules from the code that the salesperson has complied with (consider the most relevant rules that apply to the scenario below) We had invited a local salesperson, Suzy, over to list our home for sale. We told Suzy that we were selling because our property had weathertightness issues, and we could not afford to do any of the remedial work ourselves. Suzy said she would need to disclose the weathertightness issues to any potential customers. We did not want that information disclosed and asked her not to tell anyone. Suzy said that she would not be able to list our property for sale if she could not advise potential customers of the weathertightness issues and declined to list our property with her agency.
2. Identify one section from the Act, and Identify three rules from the code that have been breached (consider the most relevant section and rules that apply to the scenario below). I recently listed my property for sale with one of your sales team, Jack Porter. He told me I would receive a copy of the Agency Agreement within 48 hours after signing it. After several phone calls and emails to Jack, we finally got a copy two weeks later. On reviewing the Agency Agreement to check what the estimated commission would be, I discovered the agency agreement had no reference to the commission payable

Task 2B: Standards of Behaviour – Misconduct or Unsatisfactory Conduct

Breaches of the Real Estate Agents Act 2008 and the Code can result in a licensee being found guilty of unsatisfactory or misconduct. Please review the complaints as noted above in Task 2(A) and answer the following questions:

1. Refer to the 5 complaints noted in Task2(A) and identify if the salesperson’s behaviour was Unsatisfactory conduct, Misconduct or Satisfactory conduct: 

• Complaint (i) Choose one – Unsatisfactory / Misconduct / or
• Complaint (ii) Choose one – Unsatisfactory / Misconduct / or
• Complaint (iii) Choose one – Unsatisfactory / Misconduct / or
• Complaint (iv) Choose one – Unsatisfactory / Misconduct / or
• Complaint (v) Choose one – Unsatisfactory / Misconduct / or

1. Fill in the gaps to complete the following sentences:

Section of the REA Act describes Unsatisfactory Conduct.

Section of the REA Act describes Misconduct.

Rule of the Code states that a licensee who suspects another licensee to be

guilty of Unsatisfactory Conduct  report it to the Authority.

Rule of the Code states that a licensee who suspects another licensee to be

guilty of Misconduct report it to the Authority.

Task 3: Complaints Process

It is important that all salespeople can clearly explain and guide a complainant through the complaints process. You are required to summarise the ‘Complaints Process’. In your summary, refer to the Professional Conduct and Client Care Rules, ‘the Code’, to identify and explain the relevant rules that apply. Your summary must be written ‘in your words’ and include (but not be limited to) the following:

• The options a complainant has for making their complaint
• What to advise your prospective clients and customers about regarding the complaints process, before they enter into any contractual agreements
• When you should involve your Branch Manager/Agent
• Where a client or customer can view information regarding the complaints process

Task 4: Issues Around the Office

I have noticed several issues around the office. I have been meaning to handle them but have just run out of time. Can you please read the details below and offer your advice on how to resolve them? Referring to the relevant sections of the REA Act that apply. 

1. The branch manager is helping one of the new salespeople, Nick, prepare for an appointment to ‘present an offer’ to the clients at Batton Street. She reminds Nick that he will need to take a copy of the Approved Guide to give to the seller. Nick picks up a copy of the ‘New Zealand Residential Property Agency Agreement Guide’ to Luckily, the Manager notices he has picked up the wrong guide. What advice will the manager give Nick about the two different guides? Which copy will he need to take to give to the Client? Provide two sections from the Real Estate Agents Act 2008 that apply.
2. Mr Hallowes has come to the office to meet with Aroha, one of the salespeople. He is thinking about selling his property and Aroha is hopeful to secure his During the meeting Mr Hallowes asks Aroha if he can see a copy of her real estate licence. “Certainly, Mr Hallowes, I have a copy right here”. “Thank you, Aroha. Oh, I see it is about to expire in one week, will you still be able to continue as my salesperson?” How will Aroha respond to Mr Hallowes and what does she need to do to ensure her licence doesn’t expire? In regard to Aroha’s duty to produce and renew her licence, provide two sections from the Real Estate Agents Act 2008 which apply. 

• We were selling our home on Main Street when our salesperson, Bob, presented us with an offer. We weren’t very keen to accept the offer, as it seemed quite low compared to the appraisal price Bob had originally supplied us with. We told Bob we would like to take some time to consider our options, but he was very persistent that we should seriously consider this offer as the buyer had another property she was

going to purchase if she didn’t get our one. We didn’t want to miss a sale, so we agreed to sign the offer. The next week Bob returned with the buyer who had come to complete her building inspection. I overheard them talking and realised the buyer was Bob’s daughter! We believe this is a conflict- of- interest and should have been advised of their relationship.

Explain the process Bob should have followed if he wanted to sell the property to his daughter. In your explanation, provide three sections from the Real Estate Agents Act 2008 Act which apply and identify the name of the ‘Prescribed Form’ that must be used in this conflict-of-interest process.

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