CPPREP4003 Access and interpret legislation in real estate Assessment

Question 1

Identify two sources of legislation which apply to real estate in your state or territory. Include one Commonwealth and one state/territory source (relevant to your location). Provide a screenshot or link as evidence of the sources you have located.

Question 2

Write a brief definition of each of these terms:

• Common law
• Statute law
• Equity law
• Contract law

Question 3

Create a hierarchy chart or diagram to show your state/territory’s court levels. A chart showing the hierarchy of federal court levels has been provided for you as an example.
Federal:

Question 4

a) Complete this table to provide a definition and example of each of the following terms:

Term

• Act
• Regulation
• Amendment
• Mandatory code of practice
• Schedule

Write a definition for each of these terms related to the reading rules:

• Golden 
• Literal
• Purposive (mischief)
• Context

Question 5

Complete the table to show whether each statement is true, and provide a reason for your choice:

Statement

1. Legislation rarely uses the terms ‘and/or’ in combination.
2. If the term ‘he’ is used in legislation, it can be assumed that it also refers to ‘she’.
3. Provision ‘A’ in an Act will generally have the same weighting as Provision ‘B’.
4. If legislation states that provision ‘A’ is subject to provision ‘B’, then we can read that as meaning that Provision ‘A’ dominates Provision ‘B’.
5. Legislation can contain both ‘includes’ and ‘does not include’ terms.
6. If items are ‘included’ in a list, then no other items can be taken to have meaning in that list.
7. ‘Must’ is a term which means it is not obligatory and you do not have to do it.
8. ‘Should’ can be used to make a recommendation.
9. ‘May’ can be used when something should definitely happen and there is no other option.

Question 6

Locate a current and in force copy of an Act of parliament (Commonwealth or state/territory). Print or download a full copy of the Act. Using highlighters or markers (print) or the highlighter tool (digital), mark up the legislation to show the following items:

• Long title
• Short title
• Commencement
• Application
• Contents
• Definition example
• One heading
• One part
• One division
• One subdivision
• One clause
• One subclause
• One schedule or appendix

You may choose to use more than one Act in order to include all the items required. For example, if the Act you choose does not have an appendix, you may choose a second Act and only highlight the appendix it contains.

Question 7

Complete the table by writing the title of a Commonwealth or state/territory law which relates to each area in the first blank column and note if the legislation is Commonwealth or state/territory (refer to your own state/territory where possible).

Area

• Real estate agents licensing and conduct
• Property sales and management
• Privacy
• Fair trading and consumer protection
• Anti-discrimination and equal opportunity
• Work health and safety/ occupational health and safety
• Environmental sustainability
• Employment and industrial relations
• Planning and zoning
• Foreign investment
• Secret commissions

Question 8

a) Who is the regulator for the real estate industry in Victoria? Identify the regulator and provide the link to their website.

b) Identify at least two roles performed by the regulator.

Question 9

A residential property’s estimated selling price has been revised but you decide not to worry about changing the internet advertising for the property to reflect the new estimate until later next week, once you are back in the office.

a) What is the Act which may be relevant in this situation?

b) Have you complied with your responsibilities under the Act?

c) Should you have done anything differently?

d) What is the possible penalty unit that could apply in this situation?

Question 10

Identify a standard or principle within the code of conduct or practice for Victoria, and one related clause from the legislation. Write the name of the legislation, the relevant clause and the number or item for the standard or principle in the spaces below.

Question 11

Locate and attach a screenshot to show how you can locate and compare a previous point in time version of an act or regulation for Victoria with a current version.

Question 12

a) Whose responsibility is it to maintain current knowledge of legislation related to real estate in your state or territory? Tick all the statements which are true:

1. It is my responsibility under the legislation to maintain my knowledge
2. It is the responsibility of the agency principal/licensee in charge to provide professional development
3. It is the responsibility of the regulator to provide training
4. It is the responsibility of my professional organisation to provide training
5. It is the responsibility of the Commonwealth government to provide training

b) Describe three strategies you might use to comply with your responsibilities to maintain current knowledge of real estate legislation.

Question 13

Identify two websites, people or organisations who could provide you with advice and guidance about legislation in relation to real estate in your state or territory.

Question 14

In legislation, a clause refers to a list of items as follows: cows, horses, sheep and other animals.
Which ‘other animals’ might be likely to be included in the list, despite being not directly referenced in the clause? Tick all which would be true:

• Giraffes
• Snakes
• Monkeys
• Goats
• Donkeys
• Pigs
• Gorillas

Question 15

a) Locate the current version of the Acts Interpretation Act (1901). Using this act, what is the meaning of the term ‘business day’ in Part 2B Definitions?

b) Using the same act, what are three terms which have the same meaning as ‘person’ as referred to in Section 2 C ‘References to persons?

Question 16

a) If there is a discrepancy between Commonwealth and state/territory legislation, which usually prevails?

b) If there is a discrepancy between an Act and a piece of subsidiary legislation, which usually prevails?

c) Identify a way by which you could seek guidance in a situation where there is a discrepancy between two pieces of legislation?

Question 17

a) What are three strategies you could use to respond to a client complaint within the context of the complaint’s resolution process in a real estate setting?

b) Write three statements you could say to clearly communicate information about the rights and responsibilities of consumers in a real estate transaction.

c) Make a short video clip (approx. 1 minute for each) or use face to face demonstration to your assessor to show how you use communication skills to communicate in an ethical manner with each of the following parties:

• A customer who is enquiring about leasing a unit
• A vendor who has limited reading and writing skills in English
• A supplier who wants to know when a bill which has been submitted to your agency will be paid
• A potential buyer who is confused about the online advertising of a business property they are considering leasing

Question 18

Complete the table with an explanation of the terms:

Term

• Hansard
• Explanatory note
• Legal dictionary
• Subordinate legislation
• In force
• Preamble
• Reader’s guide
• Amendment
• Judgement
• Fiduciary relationship and duty

Question 19

What does the term ‘rights-oriented interpretation’ mean in the context of interpreting legislation as a whole?

Question 20

What is the difference between external and internal aids to interpreting legislation?

Question 21

A real estate agent decides to use a shortened form of a contract rather than the longer form. The estate agent briefly reads the legislation but does not read it in detail and so simply believes the contract they have purchased is valid. A judicial decision later finds that the contract does not comply with the relevant legislation.

a) What are two possible outcomes that might happen as a result of the agent misinterpreting the legislation?

b) Provide two of potential long-term consequences of the agent’s actions for the agent and their agency.

Question 22

Provide an example of a potential risk resulting from fraudulent activity in a real estate transaction with a client for each of the following categories:

1. Risk to a client
2. Risk to the agency
3. Risk to the industry
4. Risk to the community
5. Risk to yourself

Question 23

Locate the ethical standards/code of conduct for Victoria, a relevant consumer protection website and the website for the Australian Privacy Principles. Use these sources of information to complete this table:

Principle

• Privacy and confidentiality
• Security of customer information
• Maintaining independence
• Referrals
• Price guide recommendations
• Acting according to client authority and instructions
• Disclosing and managing real and potential conflicts of interest
• Discrepancies between own practice, agency practice and those of the industry standards
• Demonstrating knowledge of legislation in real estate activities
• Demonstrating knowledge of legislation in financial transactions
• Disclosing beneficial interests
• Disclosing commissions
• Disclosing rebates
• Relationship and priority arrangements between the code of practice/ conduct and legislation

Question 24

Tick which of the following are true when preparing a contract for the sale of a property:

1. The contract can be verbal
2. A handshake deal is appropriate
3. The contract must be in writing
4. The contract should be prepared by or checked by a qualified solicitor or conveyancer
5. The contract is legally binding once it is signed by the vendor and the buyer
6. The contract of sale is subject to a cooling off period of two weeks
7. The contract of sale can absolutely never be cancelled once the cooling off period has been completed
8. On the contract settlement day, final checks are made, legal documents are exchanged, and the payment of the purchase price is paid
9. Your agency policies and procedures, along with legislative and regulatory requirements, should guide your communication about contracts with clients
10. I should access and apply the relevant legislation for my state or territory when completing a contract of sale with a client
11. I do not have a responsibility to research, know or apply any legislation when completing a contract of sale with a client
12. If there is a discrepancy between the legislation and the code of practice/conduct regarding a contract, I should comply with the code of practice/conduct
13. I can seek assistance from a specialist such as a conveyancer or lawyer to prepare and complete a contract

Question 25

Briefly describe a practical example of a situation where two pieces of legislation may inter-relate in relation to a real estate context. Explain a problem which might arise if you only read, interpret and apply one piece of legislation without the other and how you could avoid this problem occurring.

Question 26

Write a set of at least four ethical behaviours that you intend to abide by in your work as a real estate agent, based on your knowledge and research into the foundations of ethics. Provide at least one source of information for your research into ethical foundations. Ensure you relate your set of ethical behaviours to real estate practice.

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