Negotiate Effectively in Property Transactions & Landlord Property Case Study - Law Assignment Help

Assignment Task

ACTIVITY 1 – Short Answer Questions
Please review the questions below and answer in 200 words or less (unless advised otherwise).

• How would you open a discussion to establish the issues and outcomes of each party to the negotiation?
• How should these issues be recorded?
• How should alternatives be established and recorded?
• List 4 effective negotiation techniques and briefly explain each.
• Why are the above techniques effective?
• Communication is a vital part of the negotiation process. What do you consider to be ‘effective communication’?
• Are graphs and charts useful during the negotiation process? Why/why not?
• Is compromise always the best solution? What are the alternatives?
• How is agreement recorded?
• What follow-up is necessary?

ASSESSMENT TASK 1 – Case Study
Please review the questions below and answer in 200 words or less (unless advised otherwise).
You have just sold the home of a friend, Jim, who you have known for years. During the listing process, you asked if the swimming pool equipment was included with the sale and Jim confirmed that it was. The contract was drawn up to reflect this.The sale proceeded and it was time for settlement. Jim had already vacated the home and it was ready for the purchaser to do the final inspection prior to settlement.All was going well, until the buyer noticed that the pool cleaning machine was not there and suggested that it should have been included. You agreed and called your friend who politely but firmly advised that he has the pool cleaning machine, and he intends to keep it as he believes it is not considered "standard" pool equipment. All other equipment was there, however, as the pool cleaner didn’t come standard with the pool and it was new, he was keeping it. The buyer could purchase it for $950, but otherwise, "bad luck".You can see a problem brewing, particularly as the buyer has made it very clear that he wants the piece of equipment. The buyer has no intention of paying for it and is refusing to settle until it is included in the sale.Describe in detail how you would handle the above situation and record the outcome.
ASSESSMENT TASK 2 – Case Study
A landlord has listed his property for sale but wants to keep the existing tenant for as long as possible during the selling process, as he needs the rental income. You see this as a positive situation, as it may attract a larger pool of prospective property investors. Potential investors will not be interested in living in the property and the investor market is strong in the area.The tenant is happy with the idea and is glad he can continue renting, however, due to security concerns, he does not want any inspections to take place when he is not there, and he certainly doesn't want an "open house”. The tenant works all day on Saturdays, as well as through the week, and Sunday is the only viable day for inspections. Your agency is open on Sundays, but it is your only day off.You assure the tenant that security has never been an issue and that you will take great care with the property. He still refuses. This causes a problem for you as your marketing material suggested to the landlord that an openhouse was the best approach, as it would cause least disruption to the tenant and all buyers would come at once, generating more interest. The landlord listed with you because he liked that approach. The landlord feels that you should make yourself available on Sundays if needed.Where do the agent, landlord and tenant stand from a legal point of view? How are you going to overcome these objections from the tenant?Discuss all aspects of this negotiation and suggest how an agreement might be reached.

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