Task 4: Complaints Process

The Branch Manager, Jane, has recently had two complaints brought to the attention that she believes could have been handled better. It appears not all the sales team are familiar with the complaints process and therefore not able to correctly advise a complainant, which of course may make things worse. Jane wants to ensure if any complaints are made to any of the salespeople, they will be able to calmly and confidently talk the complainant through the process of where to find any relevant information, and what their options are for making a complaint. Jane has asked you to prepare a handout for the next sales meeting.

The Open Polytechnic of New Zealand Ltd 88 Task The handout must explain:

•  how the salespeople at Ferngully Realty are expected to respond to a complainant
•  how to explain the complaints process to a complainant if needed. Refer to the relevant parts of the Code in your handout (use 150 to 250 words in your answer.
• We recently made an offer to purchase our first home. My husband and I were very excited but very nervous that we would make a bad choice. The salesperson made us take our time with the viewing and suggested we had a second look. We loved it and wanted to make an offer straight away. He even gave us a little booklet to read about buying property and we had to sign to say we had received it. He pointed out some rotten boards in the deck and recommended that we got a building inspection and a LIM report. He also explained that the owners wanted us to know that the neighbours were going to build a treehouse by the back fence for their children and we would be able to see it from the BBQ area. After he went through the entire sale and purchase agreement, he then asked us to contact our lawyer before we signed it. What a mission! When our offer was accepted the salesperson then gave us a deposit slip with details so that we could pay our deposit into his agency’s trust account. Super excited, we move in three weeks.

Task

•  Identify two sections and subsections from the Act and three rules from the Code that are relevant.
•  Justify whether misconduct or unsatisfactory conduct or no further action applies (if unsatisfactory or misconduct applies, also identify the section that relates
• We purchased our dream home recently and within a few days of moving in, the neighbours told us that a developer had purchased the adjacent land and was preparing to start a residential subdivision of 23 homes. He also had resource consent in place to remove the native bush from the back boundary. Not only are we going to be subject to a substantially long period of building works, dust and noise, but we are also going to lose the privacy which was the main reason we purchased this home. The neighbours also told us that the previous owners of the property were the salesperson’s parents. The neighbours appeared very surprised when we told them we had no idea of this either, as they said everyone knew why they were selling, especially their son.

Task

•  Identify two sections from the Act and three rules from the Code that are relevant.
•  Justify whether misconduct or unsatisfactory conduct or no further action applies (if unsatisfactory or misconduct applies, also identify the section that relates. I had my real estate licence cancelled 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 licence