Learning Outcomes

This assignment assesses the following learning outcomes

LO1: Apply the standards of professional conduct expected of real estate licensees to realistic scenarios, identify the duties of licensees regarding unsatisfactory conduct and misconduct and distinguish the steps in the
complaints process.

LO2: Apply the requirements for licensing in the real estate industry to realistic scenarios.

LO3: Identify the main duties relating to real estate work as provided in the legislation.

Assignment Scenario

For the purpose of these tasks, you have accepted a position as the Training Coordinator at Ferngully Realty Limited. Your role is to ensure both the existing sales team and any new salespeople joining the team are up to date with their verifiable and non-verifiable training and any relevant changes to legislation. Also, you must ensure that everyone is familiar with, and consistently adhering to their responsibilities and obligations under the REA Act 2008 and the Real Estate AgentsAct (Professional Conduct and Client Care) Rules 2012 (the Code).

Your first duty is to help update the agency’s website page for ‘Frequently Asked Questions (FAQs). The Branch Manager, Jane Kato, has recently been receiving a high volume of inquiries from members of the public considering a career in the real estate industry. She is hoping to eliminate some of the repetitive questions getting directed her way and will also use the questions and responses as part of the training sessions for the sales team.

Jane has asked you to outline and explain the answer to the following questions that relate to licensing issues referencing, the relevant section(s), and any subsection(s) of the Real Estate Agents Act 2008 that apply.

i. I want to have a career in real estate. Can I apply to be a salesperson as soon as I finish school? I would have just turned 18.

ii. I had my real estate license canceled four years ago because I did not complete my verifiable training (continued professional development). I didn’t mind at the time as I was going to travel overseas, but now that I am home, I think I will get back into the industry. Can I just re-apply for my license?

iii. I am excited to be starting work as a new salesperson next week. But also, very worried that I will make a mistake and breach my obligations under the REA Act and Code. Is there someone at the Agency who will be responsible for supervising me in my role as a salesperson?

iv. I have just completed my salesperson’s course and want to become a Branch Manager. My goal is to work as a salesperson for a maximum of two years and then apply for any Branch Manager positions that come available. Is it likely I would be considered if I have only been a salesperson for two years? I have had eight years of experience managing a large telemarketing company.

v. My wife is looking at taking maternity leave for 12 months and won’t be using her real estate (salesperson) license. Can I have it transferred into my name so I can manage the business for her, and then transfer it back into her name when she returns to work?

The branch manager, Jane, has asked you to help her prepare some scenarios that she can use in her weekly meetings as ongoing training for her sales team. She has recently overheard some interesting discussions in the office between the sales team and thinks it’s time to upskill and remind everyone of their duties and obligations under the Real Estate Agents Act 2008 and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code).

Jane has drafted the following scenarios based on complaints and positive feedback she has experienced during her career. She would like you to prepare the example answers so she can include them in the upcoming training sessions.

Read the following scenarios, then:

1. State the legislation that applies to the situation (name the section(s) of the Act and rules of the code that have been breached, or that have been complied with), and

2. Identify whether each issue is likely to reflect:

a) misconduct, or

b) unsatisfactory conduct, or

c) no further action is required