Roles and Responsibilities of Real Estate Agencies

This document provides an overview of the roles and responsibilities of various real estate agencies, including the Australian Competition & Consumer Commission, Real Estate Institute of NSW, NSW Fair Trading, Australian Securities and Investments Commission, and Tenants NSW. It also covers the specific legislation that applies to different types of tenancies, the responsibilities of property managers to landlords and tenants, and the process for terminating a tenant's agreement. The document is relevant to the CPPDSM4080A, CPPDSM4008A, CPPDSM4007A, and CPPDSM3019B units of competency.

CERTIFICATE OF REGISTRATION ASSESSMENT
CPPDSM4080A Work in the real estate industry
CPPDSM4008A Identify legal and ethical requirements of property sales
CPPDSM4007A Identify legal and ethical requirements of property management
CPPDSM3019B Communicate with clients as part of agency operations
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e
Assessment Information
Assessment for this unit covers the elements and performance criteria for the unit of
competency:
CPPDSM4080A Work in the real estate industry
CPPDSM4008A Identify legal and ethical requirements of property sales
CPPDSM4007A Identify legal and ethical requirements of property management
CPPDSM3019B Communicate with clients as part of agency operations
These units, form part of the CPP30211 Certificate III in Property Services (Agency) and
CPP40307 Certificate IV in Property Services (Real Estate) under the Australian
Qualification Framework and;
• Licensing under NSW Fair Trading.
Assessment structure
• Part A – Short Answer Questions
• Part B – Extended Answer Questions
• Part C – Workplace Situation Activities
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Performance Criteria and Elements
Every assessment for a Unit of Competency within the Australian Quality Framework
(AQF) is structured around Performance Criteria and Elements. To access the
performance criteria and elements go to www.training.gov.au and search for unit
code:
recognises the individual needs of each learner and will provide reasonable
adjustment when required.
To complete this assessment, type your answers where you see the insertion
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You have limited formatting options.
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PART A – SHORT ANSWER QUESTIONS
For questions in Part A, you will need to provide answers that
directly address the question, you may answer in point form. Ensure
that you answer all parts of the question.
Question 1 Research and explain the roles and responsibilities of the following
agencies
1. Australian Competition & Consumer Commission
2. Real Estate Institute of NSW
3. NSW Fair Trading
4. Australian Securities and Investments Commission
5. Tenants NSW
1. Main role of ACCC is to enforce a range of legislation, including
Competition and Consumer Act 2010 for promoting competition, fair trading
as well as regulating the national infrastructure Australians' benefits
2. To undertake research and advise government and opposition parties.
Along with this, REINSW also consider as peak industry body that provides
education and training.
3. To investigate unfair practices for creation of fair, safe as well as
equitable marketplace.
4. To protect consumers, ASIC regulate and enforces the company and
financial services related laws.
5. To ensure that property must stays sanitary, clean and repaired. As a
tenant, they are responsible for any visitors and household members at
their home, if actions of them breach the Residential Tenancies Act 2010 or
tenancy agreement then it lead to end tenancy.
Question 2 In property management, there are a number of different types of tenancies
other than residential tenancy.
1. Give an overview of retail tenancy.
2. Explain the tenancy agreement that would be signed.
1. Retail tenancy shows the relationship between a tenant and owner of
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retail premises, under which both have signed a document for rent
property. As per Retail Leases Act 1994, Tenants have right to
compensation and under section 12A, lessee will not liable to pay for any
outgoings to lessor unless the liabilities for amount was disclosed.
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2. Tenancy agreement is a legally binding contract where both tenants and
property owner signed the document for certain terms and conditions, like
rent amount, property address, name of tenants, security deposit and more,
that gives equal rights to both tenants and property holder. As per Retail
Lease Amendment 2017, retail leases can be defined as Omit or agrees to
grant, where one party made agreement to convey land, property and other
for a specified period of time to another person.
Question
3
Research the specific legislation that applies to the following types
of tenancies and give an overview of the main legislative
requirements of each; eg: disclosure to tenants, rent increase, term
of agreement.
1. Residential Tenancy
2. Retail Tenancy
1. Residential Tenancy Act 2010 which applied on residential
tenancy agreement state that includes terms and conditions of
disclosure of tenants, increases rents and other. It includes
disclosure of sale and mortgagee where agent of landlord must
disclose the same before entrance of tenant into residential
tenancy agreement.
2. Retail and Commercial Leases Act 2010 which sets out the
tenancies that before a shop lease is entered, the lessee should be
given entire information about disclosure statement. This
agreement includes matters that are set out within section 12 of
Retail & Commercial Leases Act 1995 – detail of shop, term of
leave (during swimming season till 31 March 2019), Renewal /
Extension of Lease, Consequences of breach and more.
Question 4 1. What are the responsibilities of a property manager to the landlord
in relation to maintaining the condition of the property?
2. What are the responsibilities of the property manager to the tenant,
whilst the tenant is occupying the property?
1. Property manager needs to ensure that their properties must operate
smoothly, appearance should be maintained and increase or preserve the
value. For this purpose, timely facilities like drains and gutters; light bulbs,
building and pest inspection etc. needs to be inspected by hiring
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supervisors and assigning duties.
2. Property manager must ensure that property fit for the tenant as per
tenancy agreements and handle the problems like emergencies, leases,
smoke alarms, complaints and more.
Question 5 Your Landlord contacts you to ask for the phone number of his tenant, as
he is going to install new carpet in the lounge room and needs access for
the tradesman to give a quote. He is very insistent that he must get
access asap.
1. What will you do?
2. What legislative requirements will affect your decision?
1. Will contact immediately to tenant to allowances for the same and
influence to grant permission.
2. As per the Privacy Act, a real estate agent is not allowed to disclose
personal information of tenants without their permission. Along with this,
landlord also need to give at least twelve days notice period of his
intention for carrying out non-urgent repairs. While tenants have the right
for quiet employment of property.
Question
6 Choose one of the Divisions in Part 3: “Rights and obligations
of landlords and tenants” from the Residential Tenancies
Act 2010 and summarise what the Division refers to.
Ensure that you include the responsibilities of both the tenant and
landlord.
As per the forth division – Landlord’s rights to enter residential premises: Landlord
or any other person without consent of tenant can enter into premises between 8
am to 8 pm, except Sunday or any other public holiday. Whist Tenant must allow
landlord or related person for exercising a right of access.
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Question 7 1. Explain the process and timeframes for terminating a tenant’s
agreement under the following circumstances:
• Non payment of rent
• End of the fixed term
2. Explain the tenant’s responsibilities when they need to terminate
their lease during the fixed term of the agreement. (if the break lease
clause is included)
1. If the rent doesn't pay for 14 days or more, and
under, End of a fixed term tenancy – landlord needs to give at least 30
days prior notice to tenant
2. Tenants either give 14 days prior notice to landlord or compensate for
lost rent, if they terminate the fixed term tenancy. Along with this, if they
ends the agreement (residential tenancy agreement) before end, then
they have pay 6 weeks rent if the fixed term period is three years or less,
if period is half expired then 4 weeks rent have to be paid. But if period is
more than 3 years then specific amount has to be paid.
Question 8 1. When must receipts for rent be issued?
2. What specific information must be present on a rent receipt?
1. When payment is made by tenants, receipt must be given at that time
immediately if it is paid in cash. But if payment is made by cheque then a
receipt needs to be available for further collection must be available.
While if payment if made by EFT then there is no need for receipt.
2. Name of payer, payee, address of premises, rent period date, amount
and date when rent is paid.
Question
9 1. At the end of the month the agency will disburse funds to their
landlords. What specific income and expenditure would be
noted on the end of month statement?
1.Rental statement outline the total income and expense on tax
invoices. Expenses include property rents and taxes, bank charges,
insurance, water & electricity etc. While income includes rents
received from tenants, interest received and more.
2. Explain the process you would undertake on a day to day basis
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to ensure all of the information is correct on the end of month
statement.
2. Regular entry about income in the form of rent whether
received in advance or monthly, including tax invoices. Will apply
cross referencing techniques by which it will be ascertained that
which one entry has om[act on another entry.
Question 10 1. What are the documents that are needed before an agent can
promote a property for sale?
2. What is the Section and name of the legislation that outlines this
requirement?
1. Agents Authority, Vendor's Statement and Contract for Sale, Letter for
allotment, Sale deed, Sanctioned plan, society documents, Sale
agreement,
2. Section 55 & Section 63 as per PSBA2002
Question 11 1. Explain the key differences between Joint Tenants and Tenants in
Common.
2. Explain the key differences between Torrens Title and Strata Title
property.
1. Joint tenancy pertains for home ownership under which each part has
equal interest in property and they are on home title, like a ownership
taken by a married couple of a property. While, tenancy in common refers
to take ownership of a property by two or more individuals without
survivorship of right, where sharing scheme depends on their stipulation.
2. Torrens title means purchasing a land and building by a single
purchaser, while Strata Title means multiple purchasers owing a single
land or building.
Question 12 1. Explain what information is contained in a Title Search.
2. Explain how encumbrances affect the title?
3. Give an example of one type of encumbrance and what effect it
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would have.
1.Title is searched with the help of internet sources and hence this gives
complete and specific information about Torrens, so it is easy to complete
the study.
2. Encumbrance restricts the ability of owners to transfer the title or
lessen its value to the property.
3. Liens is a type of encumbrance where if owner didn't pay the property
or income tax, then a liens is placed against their property.
Question 13 A purchaser and a vendor have exchanged contracts with a 5 day cooling
off period, answer the following questions:
1. What is the deposit amount required on exchange of contracts?
2. Where is this money deposited and within what timeframe?
3. At what point are we allowed to disburse the deposit held in the
trust account to the vendor of the property?
4. What document is required prior to disbursement of deposit?
1. As a buyer, they have to deposit 10% of total purchased amount.
2. Amount needs to be deposited to the trusted account of agent of real
estate on or before the next business day.
3. there is requirement of 2 weeks when we are allowed to disburse the
deposit held with trust in account to vendor of the property.
4. Section 27 is the most important and specific law which provides
information about documents which are required prior to disbursement of
deposit.
Question 14 1. What are the essential elements, as prescribed in legislation, of a valid
agency agreement? (Refer to Property Stock and Business Agents
Regulations 2014 Schedule 7)
1. Identification of property, Name of both parties to agreements,
Information about parties, Authority of property holder, Authorisation for
licensee, Duration period of agreement, termination of same and
reimbursement of licensee.
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2. How would you ensure that you do not lose your entitlement to
commission and/or expenses?
2. As per Section 55 PSBA 2002, of Property act, it is clear that there must
be some complete information about licensing agreement through which
ownership and possession will be clear.
Question 15 Explain the features, including advantages and disadvantages of opening
an agency, under the following types of ownership:
1. Sole Trader
2. Partnership
3. Corporation (Company)
1. In sole trader ownership, maintenance of full control of business, profit
retention and privacy of business information would be the main
advantage can be gained. While being single liable and struggle for
finding funds for business expansion are the main disadvantages point.
2. Increasing borrowing capacity and limited external regulation are
benefits of partnership, while risk of disagreement is the major
disadvantages factor
3. For corporation, limited liabilities and taxation rates is the advantage
factor. But it requires much money for establishing and maintaining the
business.
Question
16 If you were looking for information about the supervision
requirements of the licensee in charge of the agency, (as required
under the Property Stock and Business Agents Act), what would you
do to find the information?
1. Will find the information includes under Division 2 of Property
Stock and Business Agents Act – Business Practices and
Supervision.
2. Explain step by step how you would take to access this
information from the web. Eg: 1. use google search, 2. Open link ….
2.
Will input keywords on Google Search - Property Stock and
Business Agents Act 2002 of Australia
Then, open the link
<https://www.legislation.nsw.gov.au/#/view/act/2002/66/whole>.
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After then search about related information
3. Which Section of the Act relates to supervision requirements?
3. Section 32 under Division 2
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Question
17 An agency must operate a trust account for all money received on
behalf of their clients.
It must be maintained in accordance with the Act and Regulations.
1. Refer to the Property Stock and Business Agents Regulations
Part 4 Trust Money and explain the main provisions for
receiving money into the trust account.
1. Commission or any received amount for a service be performed
through a licensee in the capacity of licensee. When trust money is
allotted to to me, then I will use it for some disable ad old age
people and their betterment.
2. How money can be paid out of the trust account.
2. By cheque and EFT (Electronic Fund Transfer)
Question 18 When showing a property for sale or lease, what would you do to ensure
the security of the property and the safety of persons who attend the
inspection?
Indemnity clauses can be used as an effective tool
Property can be shown in documents or with possession and its record is maintained with
allowing and determining changes properly. Supervision can be shown to individuals with
understanding and determining changes properly. In order to secure property, individual
must take care of it and protest it properly.
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Question 19
You have been given the task of updating and archiving records for active
and inactive property management files.
Explain how you would go about the following, include the legislation that
would apply:
• Changing/updating current records
• Archiving records where required
• Providing access to records to appropriate personnel
• Ensuring safety and security of records whilst you are completing
this task
• Disposing of client information
Property, Stock and Business Agents Regulation 2014 is required for updating and
maintaining current records of the property.
Data Protection Act and the Freedom of Information Act are used
for archiving records where required.
Record management policy is the best way through which records are kept properly and
providing to appropriate personnel.
Records are maintained properly and completing with proper determination of ensuring
what has to be done.
There is data disposal laws is used to get complete information about client. This is provided
to individuals who requires for authentic reason.
Question 20 1. If the purchaser paid a 10% deposit on exchange of a contract of sale
and decides to withdraw during the cooling off period what penalties
would they incur?
1. Purchasers would have to pay 0.2% or 0.25% of sale price to seller
2. If a property was bought at auction what is the cooling off period?
2. Cooling off period generally includes five business days. Yes, this is
applied to auction properly as well.
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3. If a purchaser wishes to waive their cooling off rights, what document
would they need to sign and who can prepare the document?
3. A 66-W certificate in compliance with Conveyancing Act 1919 must be
signed off by legal representative.
Question 21
Part A You have just achieved your Certificate of Registration and you have
been offered a casual position as a Property Management Associate.
They want you to work 2 hours a day to cover the lunch period and will
pay you $20 per hour.
As this is just a casual position the employer tells you there is no need to
have an employment agreement.
1. Explain why this offer of employment does not comply with the Real
Estate Industry Award 2010
1. As per Real Estate Industry Award 2010, for each working hour the
minimum rate of pay for a casual employee will be 1/38th of minimum
weekly rate, where minimum engagement working hour is three hours.
Therefore, two hours per day is not legal as per this law.
2. What are your minimum rights?
2.Casual loading as per Real Estate Industry Award 2010 is paid rather
than annual lead to casual employees, including payment of personal or
carer's leave, redundancy benefits, notice of termination including other
attributes of part-time or full-time employment.
Question
21
Part B
Harry has been a licensed agent for 6 years and every year
undertakes his CPD before renewing his license. This year he
hasn’t had time to do his CPD and forgot to renew his licence. He
has been operating for 3 months without a licence.
1. What are the breaches that have occurred and what are the
disciplinary actions that NSW Fair Trading could impose on him?
1. Harry may be served with a penalty notice as per NSW Fair
Trading Act to pay the amount within notice period, other licensed
would be cancelled.
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Question 22 1. Why is it important to give your client space and time to evaluate
agency services? Give an example.
1. As per legal requirement and agency practice, to establish a rapport
with client it is essential to give client space and time to evaluate agency
services. For example – during purchasing a house think about some
sensitive issues like English as a preferred or second language, illness of a
family member or death etc. then it is required to give them time and
space.
2. How could you use this time to your advantage?
2. To identify suitable property that fit with client's requirement, time
given to client will provide advantage to agency also like documents that
needs to be provided to client, so that they can make appropriate
decisions for purchasing.
3. Why would it be beneficial to schedule an appointment with client to
discuss agency services?
3. An appointment will help in giving proper time to listen and make
communication with client about agency services
4. Why is it important to take notes when communicating with clients?
4. To recognise the every requirement of client
Question 23
Part 1 1. Compare the Title Search to the Contract for Sale of Land and explain
any problems or mistakes.
1. A mistake is done in Sales report about address, where Deposited Plan
in Contract for Sale is written as 807586 instead of 807568.
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2. Who would be able to correct mistakes in the contract?
2. Mistakes can be rectified by signing a rectification deed after mutual
consent of all parties by the granter.
Question 23
Part 2
Compare the Title Search to the Sales Inspection Report and Exclusive
Agency Agreement and note any problems or errors. Explain how these
errors would affect the validity of the agreement.
APN is mandatory in the Title Search to the Sales Inspection Report and Date is incorrect
in Exclusive Agency Agreement. These errors will hinder the process of agreement.
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Question 25 1. Create a Letter that will be sent to all Landlords who have a
swimming pool at their property that advises them of the
requirements of swimming pool compliance.
1.
Date: xx:xx:xxxx
To : abc
Address:
Dear abc:
This letter is to inform that certain changes have been made as per swimming pool
legislation, so you are requested to register again your swimming pool or spa pool on the
NSW Swimming Pool Register as soon as possible.
Your Sincerely
xyz
2. Access the Landlord database (Located in the Excellence
Property Database in the Employee Handbook) and create a list
of Landlords who will receive the information.
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Question 24 Access the condition report from the resources and use your
home to complete. You must include:
2 Bedrooms (if possible)
Kitchen
Bathroom
Hallway / Entrance
Outdoors
Ensure that you give detailed descriptions of features such as blinds,
carpets etc and well as any damage or problems.
NOTE You must upload your condition report when you submit your
completed assessment
2 Bedrooms – In both bedrooms, one big wardrobe, toilet and bathroom
are attached, with proper lighting and air conditioning facilities, including
carpets, curtains and more.
Kitchen – Modular kitchen with RO, Freeze and other other additional
facilities.
Entrance – There are two entrance of the flat
Outdoors – A small lawn with additional space of four wheeler parking.

Alise Quin
Mars Sands
Karl Magers
Vernon Hammock
Thurman Colberg
Herma Authement
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Question 1
Type
Answer
Below
One of your landlords is going to do some significant work on his
property, which will require a number of tradespeople to be at the
property. He demands that you give him the tenants details so that he
can call them to organise. You are not aware of the proposed works and
have no idea of how it will affect the tenant.
1. What action will you take?
I will contact the tenants, inform about same and will requisite to
allowance for landlords.
2. What are the tenants’ rights in this situation?
According to Privacy Act 1988, tenants have rights that agency would
not disclose any personal information of them without their consent.
3. What legal and ethical responsibility does your agency have, as
the landlord representative, in this situation?
Maintenance of standard of ethical responsibilities as per Real Estate
Institute of South Australia Incorporated codes of ethics
4. In your answer cite sections of the Residential Tenancies Act and
Regulation 2010 to support your answer
Section 72
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PART B – Extended Answer Questions
For questions in Part B, you will need to provide answers that are in depth,
referenced and supported by additional documentation.
Responses to questions need to be approximately 80 - 150 words, if you consult websites
or publications to construct your answer, you MUST reference your source.
It is expected that you would provide your evidence in a word document, professionally
formatted, with attention to grammar, spelling and punctuation.
Read each question or scenario carefully and ensure that you answer all of the facets of
the question.
To complete this section, type your answers where you see the insertion symbol.
You have limited formatting options.

Question 3
Type
Answer
Below
Manjek Singh has recently signed a Management Agency Agreement
with Excellence Property, this is her first property investment and she is
keen to ensure that she understands the process of marketing the
property and finding suitable tenants.
To help her understand the legislative requirements of selecting a tenant
you are going to prepare a fact sheet for her. In the fact sheet you will
use the following headings:
1. Marketing the property
2. Showing the property
3. Tenancy application and tenant selection
4. Questions asked when completing reference checks
5. The initial payments required from the tenant before signing the
agreement
6. The importance of the tenancy agreement and condition report
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Question 4
Type
Answer
Below
James and Grace Smith are ready to sell their property with your
agency, whilst you have briefly discussed the documents needed in
your office prior to marketing his property, James is still relatively
unaware of the sales process.
You need to prepare for a listing presentation with James and Grace.
• When and how would you present this information to the client?
Explain how you would maintain your professional image.
• What documents would you access and take with you to the
listing presentation?
• What sales and marketing options are available to James and
Grace?
• Outline the fees and charges that they will need to pay before
and after the sale.
• Once they have signed a sales agency agreement with you, what
documentation do you need prior to marketing?
• How will you deal with offers from prospective purchasers?
 A presentation will prepare to show land, facilities and benefits for purchasing the certain property.
 Building plan, title or contract of sale, encumbrance certificate, authority of society
 Add social sharing to property pages and will create a business card
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Question 5
Part 2
Type
Answer
Below
3. Research courses that may be suitable for you to attend to develop
your skills and knowledge and meet your CPD requirements.
4. Explain why you chose them. Include websites accessed.
1. By having real estate industry award 2010 the overall real estate employees
level one was weekly $776.30, pay rate $20.43, overtime work $30.65 and
public holiday $40.86.
2. In order to make appropriate plan I will discuss that we should adopt
substantive change in order to develop profession standards. With the help of
this I can achieve my targeted goals in a perfect manner.
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Question 5
Part 1
Type
Answer
Below
You have been employed as a Real Estate Employee Level 1 and have
been given your employment contract to read and subsequently sign.
As you are reading it you find that you do not understand a number of
items in the agreement. You realise that you will need to discuss it with
someone. To assure that you cover everything at the meeting, you will
research the following items prior to your discussion. The items focus on:
• Allowances
• Wages
You understand that your wages will be different in the first 6 months of
your employment.
You are unsure of what allowance you will be entitled to, if you use your
own car which is 3 years old and has an engine capacity of 2.6 litres.
You also need some clarification about the professional standards
required by the agency, so you will consult the Employee Handbook for
information to discuss with your licensee.
1. Refer to the Real Estate Industry Award 2010 and document your
entitlements.
2. Prepare a plan of what you will discuss with your employer
including professional standards.
3. Who would you consult if your employer does not pay you your
entitlements or provide suitable working conditions?

3. If my employer does not pay me then I will talk to my seniors and able to tell
them that they should follow effective working conditions to develop positive
culture.
4. In order to attend different types of skills and knowledge in order to meet
CDP requirements I needed to follow Good research work by which I can
understand employees needs and wants and able to develop unique options
for betterment of future.
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Question 6
Type
Answer
Below
NSW Fair Trading has the responsibility to ensure that consumers are
protected in commercial transactions.
1. Explain (in your own words) how NSW Fair Trading regulates the
property industry, and ensures real estate compliance. This could
include licensing, rules of conduct and more.
2. As an agent how would you ensure that clients consumers rights
and privacy are protected? Explain how you would achieve this; in
your answer cite particular legislation that you would consult.
3. What are the penalties for breach of your fiduciary and ethical
responsibilities?
4. What impact could such a breach have on your agency/self?
5. Explain how you would minimise the risk of breaching a clients’
rights to privacy.
1. In order to regulates different types of industries and so many other things
which is mainly controlled and measured by NSW Fair. Whereas,
supervision is one of the best way in order to guide employees and help
NSW to promote ethical conduct in employees. NSW also provides services
to individuals and organisations for creating a safe, fair as well as equitable
marketplace.
2. Client consumer's right are always protected by an agent this is because
agent of firm always familiar with each and every people along with they
have their personal information by which they can manage risks within
business.
3. Breach of fiduciary duty can easily give rise to legal action within civil court
along with if part acts contrary then it is known as breach of fiduciary.
Whereas, ethical responsibilities refers the ability to recognize values. The
failure to comply any provision will carry maximum 200 penalty units that
are $22000 in case of corporation while 100 penalty units for other case.
4. Their license can be can be canceled if they are not able to take
responsibilities in order to protect commercial transactions, along with poor
reputations and loss of business.
5. In order to overcome the risk of breaching a clients' right to privacy NSW
Certificate of Registration v3.2 August 2018 Page 26 of 78

fair will provide protecting consumers act.
Question 7
Type
Answer
Below
“The relationship between principal and agent places an agent in a
position of trust, confidence and responsibility in which their foremost
duty is to act in the best interests of their client and deal ethically with
all parties involved in property transactions.” Review Division 4 –
Conflicts of Interest in the Property Stock and Business Agents
Act 2002.
1. Explain the requirements of Section 49 ‘Restrictions on obtaining
a beneficial interest in property’, how it affects you as an agent and
what you would need to do if you or a member of your family wished
to purchase property from your agency.
2. Choose another disclosure requirement. Give a detailed
explanation of its requirements, an example of how a breach could
occur and include penalties for breaches and any documentation
requirements or approved forms.
1. Section 49 ‘Restrictions on obtaining a beneficial interest in property’ has various requirements which
must be fulfilled. These requirements are:
 A real estate agent cannot obtain beneficial interest in property.
 A real estate person employed by real estate agent cannot obtain beneficial interest in
property.
It effects the agent as the agent cannot hold a beneficiary interest in the property. Also if a member of the
family of agent wished to purchase property then agent has to fill a beneficiary forma and submit it.
Certificate of Registration v3.2 August 2018 Page 27 of 78

2. Section 47 disclosure - Where an agent refers a vendor or prospective purchaser to someone for
professional services associated with the sale or purchase, under the Property, Stock and Business
Agents Act 2002 (NSW). Penalty will occur in this case if agent breach the requirement of this section of
not disclosing sale or purchase agreements.
Question 8
Type
Answer
Below
As an agent, your clients expect you to be an expert in all manner of
property matters including building construction and faults, swimming
pools, asbestos, window and blinds safety, health and safety …. the list
goes on. As we are not experts in any of these fields we would need to
consult specialist advice when asked questions on such matters.
1. Explain how you would go about finding the appropriate specialist
and outline what documentation you should keep to show the
results of your investigations.
2. Legislation also prescribes actions that agents must take in
regards to swimming pools and pre-sale building inspections
reports. Explain the requirements of both.
1. As property dealers are not a specialized in every field., so it
is analyzed that a specialized advice can be found through
few individuals which includes a physio therapist, a property
constructor and a property lawyer. A checklist can be an
appropriate document for accounting results of the
investigations. Within a real estate agency, a specialist can
be found in a lawyer who can help in communicating all the
information regarding safety laws in constructions. It is
important to note all that information so that it can be
provided to clients.
2. If a property has swimming pool, then agent must check that
the pool is properly fenced and meets the requirements of
NSW Swimming Pool Register. In case of pre-sale building
inspections, agent must make sure that the property does
have sagging ceiling, flush of the bathroom is properly
running, fuse box is in good condition and many others.
Certificate of Registration v3.2 August 2018 Page 28 of 78

Question 9
Type
Answer
Below
You have successfully negotiated a deal and agreed on terms for the
sale of a property. You now need to explain the exchange and
settlement process to both the purchaser and the vendor.
1. Provide an outline of what happens from the purchaser’s
perspective, including exchange of contracts, deposit amounts,
cooling off periods and pre settlement inspections.
2. Provide an outline of what happens from the vendor’s
perspective, including exchange of contracts, deposit and
banking of deposit, cooling off periods and pre settlement
inspections, order on the agent, disbursements.
1. From the perspective of a purchaser, they first inspect the property and then exchange contracts on
their terms. After which negotiated amount is paid by them to the seller. After which, purchaser spend
few days in the property until the cooling off period and the finally finish pre settlements. In NSW it is
fairly common for settlement to occur around 42 days from the date of exchange, so this will be settled
in this period between the parties. At settlement, the purchaser pays the full purchase price, less any
deposit paid, and adjustments for any outgoings such as rates or water charges.
2. From the vendor’s perspective, they also first exchange the contract with buyer and then collect the
negotiated amount from by the way of cheque and then fulfill all the pre settlement adjustments which
buyer wants. The solicitor or conveyancer will receive a signed transfer, the certificate of title (the
evidence of title to the property) and the discharge of mortgage from the vendor’s lender. Once these
documents have been checked, they are then given to the lender who will pay the vendor the balance
of the purchase price.
Certificate of Registration v3.2 August 2018 Page 29 of 78

Question 10
Part A
Type
Answer
Below
Sione, a sales representative, is in the process of negotiating a sale,
and finding it difficult to get both parties to come to an agreement.
Sione knows the purchaser really wants the property and that the
Vendor needs to sell quickly, but the negotiation has come to a stop
with only $10,000 difference in price.
Neither party wants to budge, but both want the same outcome.
1. Explain the negotiation techniques that Sione would use to
enable the parties to come to an agreement.
2. How could Sione persuade the purchaser to make a better offer?
1. Sione can use the negotiation technique of Anticipating compromise and trigger
their requirements by which Sione can close the deal. Sione can influence the
buyer by making arguments that it is a one time deal and seller has already
various offers which he can select, so it is good for buyer to make an increase in
offer. In order to bring vendor and purchaser closer to make an agreement, a
discussion will be required to conducted which will include discussions of
negotiations.
2. Sione can persuade the purchaser by triggering their requirements to buy a
property otherwise the price may go up as for now vendor is in hurry.
Certificate of Registration v3.2 August 2018 Page 30 of 78

Question 10
Part B
Type
Answer
Below
Lee Kang, a tenant, enters your office and yells at the receptionist that
they need to speak with the Property Manager.
“I have been waiting for 6 weeks to get it fixed”.
Unfortunately, the Property Manager is not available and when the
receptionist tells the tenant, he continues yelling “I am not going until I
see someone about it!”
The receptionist asks you to help.
Lee makes a call on his mobile phone and starts speaking very loudly
in a foreign language.
There are a number of people waiting in the reception area and they
appear very uncomfortable.
1. Discuss how you would approach Lee in this situation, what
conflict resolution techniques would you use, how could you diffuse
the situation.
After speaking with Lee, you find that he has requested repairs to the
front porch light for over 6 weeks ago and last night his wife tripped up
the stairs and seriously injured her leg. You are finding it difficult to
understand him as his English is not good.
2. What communication techniques would you use to enable both
Lee and yourself to discuss the situation and come to a satisfactory
resolution?
1. We will first use technique of listening by which we will listen the issue of Lee kang and then use the
technique of compromising and smoothing to resolve the issue.
2. Communication techniques which will be used is going to include more listening and less talking. In
order to resolve this issue of Lee, a research will be conducted in which it will be checked that whether
or not job to the electrician was organized from the assistant property manager. And if the electrician
service was organization then what is the status of that service. And lastly an electrician will be send to
the property immediately before Lee leaves for the office so that he can personally check the service.
Certificate of Registration v3.2 August 2018 Page 31 of 78

Question 11
Type
Answer
Below
Complete the end of month statement using the following information.
(Complete the Tax Invoice below)
Landlord: Nicita Robinson
Landlords Address: 23 York Rd Jamisontown 2754
Property: 56 River St Padstow
Rent: $590 per week – you have collect 4 weeks rent
Letting fee: 110% of 1 weeks rent
Management fee: $7.7%
Administration fee: $11 per month
Rent collected: 4 weeks
Strata fees: $370
You have also taken a 4 week bond from the tenant. What do you need
to do with this bond and when should you do it?
Excellence Property
30-32 Wentworth Ave
Sydeny NSW 2000
ABN:31 007 167 278
TAX INVOICE
Landlord: Nicita Robinson
Address: 23 York Rd Jamisontown 2754
Your Rental Property: 56 River St Padstow
Rent Collected 4 weeks @ $590 Total income: $ 2360
Our fees and
charges
Item Amount
Letting fee $ 649
Management fee $ 181.72
Administration fee $ 11
Strata fees $ 370
Total Fees and charges $
Other Payments Item Amount
$
Total Deductions $1211.72
Your Payment $ 114828
Certificate of Registration v3.2 August 2018 Page 32 of 78

If you wish to discuss any aspect of this statement, please call our accounts department
on 8267 7895 or email [e-mail]
Certificate of Registration v3.2 August 2018 Page 33 of 78

Question 12
Type
Answer
Below
Your tenants, Jacob and Naomi, have asked to terminate their tenancy
agreement. Originally, they took out a 12 month tenancy agreement
and have been living in the property for 7 months. Jacob has been
transferred to a new position in Victoria and must start in 3 weeks
time.
1. What are the options for Jacob and Naomi?
2. Explain the steps you would take to finalise the end of tenancy
and the outgoing inspection
3. What would you do if the property was damaged or left in a dirty
condition and the tenants do not think they are at fault? How would
you resolve this dispute?
1. Jacob and Naomi can terminate the tenancy agreement but they have to pay the cancellation charges.
2. Before finalizing the termination of tenancy agreement, an inspection of the property will be
undertaken and at that time owner of the property will also be present. This inspection will be
conducted by property manager with the presence of the owner in which all the flooring, taps, lights
and damages will be investigated.
3. If the property is damaged, tenants has to pay for damages or otherwise it will be acquired from their
bond amount. If tenants refused to pay the damages, then the amount from the bond amount of the
tenants will be forfeited.
Certificate of Registration v3.2 August 2018 Page 34 of 78

PART C – Workplace Situation Activities
For Part C of the assessment you are required to read the scenario and complete the
required documents. There are templates for all practical activities.
To complete this section, type your answers where you see the insertion symbol. You
have limited formatting options.
Workplace Situation Activity 1
Front Desk
You have been working at Excellence Property for two weeks. As most of the property
management and sales staff are away from the office doing training, you have been
asked to look after reception today
There are a number of documents, checklists and flowcharts available to help you handle
any issues or problems that you may encounter, to be found in Employee Handbook:
• Agency profile
• Organisational chart
• Document Management Policy
• Client Services Policy
• Key Handling Policy
• Handling Money Policy
You have a list of tasks to do during the day that includes organising a meeting for
Property Management on Thursday, booking opens for the sales and property
management teams. See Weekly calendar with list
In the first fifteen minutes of your day you receive a phone call from a prospective
vendor, wanting to get information about selling his property. You take all his details in
the enquiry log.
James Smith has a 3 bedroom house with ensuite in Market Street. James and his wife
Grace have been living in this house for 15 years and they are wanting to down size.
They’re not in a hurry, but would like to know how much their property is worth in today’s
market. See Enquiry Log
Once you have all his details you advise him that as all the sales staff are at training you
will get a sales representative to ring as soon as they get back to the office. You consult
the Organisational chart (in Employee handbook) for the appropriate person. You need to
write a file note including details of the caller, who you passed the enquiry on to and
details of the enquiry. See Organisational Chart and write file note
Certificate of Registration v3.2 August 2018 Page 35 of 78

Certificate of Registration v3.2 August 2018 Page 36 of 78

To ensure that you are giving James top service, you spend a few minutes giving him an
overview of the sales process and the documents he needs before the agency can sell his
property. You make a note of this conversation, which you email to the sales agent, so
that they can prepare for an interview. Write email
Thomas has asked you to prepare a document that explains the different options for
selling property, what the advantages and disadvantages are and how the method of sale
will affect the way the property is marketed.
This document will be added to the current listing kit. Thomas has given you a
template to use. Complete Sales and Marketing template.
Later in the day a tenant, Alan Young, comes in with a cheque to pay his rent, as you do
not have access to the Property Management Database, you will need to complete a
manual receipt. Details are: Property: 40 George St Redfern
Rent: $520 per week
Paid From: Todays date
Amount Paid:Two weeks rent
Complete Receipt using the above information
Documents to be
completed Indicate with Y for Yes or N for No
Weekly Calendar ✔
Enquiry Log ✔
File Note ✔
Sales and Marketing Template ✔
Email 1 – to sales agent ✔
Receipt ✔
Certificate of Registration v3.2 August 2018 Page 37 of 78

Appointments for Week (include all appointments in the one
calendar
Sales Department
Open for Inspection
Jane
45 Town Road – Wed 5-6
16 George St – Sat 11-12
Max
1/15 Torrens St – Sat 11.30-12
3/15 Torrens St 12 – 12.30
67 King St Sat 2-3
Stephan
90 Young St – Sat 1-2
Market Appraisal Thomas – Tuesday 4.30
Property Management
Open for Inspection
Sat
51 Red Cres – 10.30 – 10.45 40
Upper Road 11-11.20
Routine Inspections
Angela
Tuesday 12-4
Thursday 9-11
Weekly Calendar
Date Week Commencing:
Time Mon Tue Wed Thurs Fri Sat
8.00
8.30
9.00 Routine
Inspections
Certificate of Registration v3.2 August 2018 Page 38 of 78

Angela
9.30 Routine
Inspections
Angela
10.00 Routine
Inspections
Angela
10.30 Routine
Inspections
Angela
Property
Management
Open for
Inspection
(51 Red Cres)
11.00 Sales
Department
Jane (16
George St)
Property
Management
Open for
Inspection
(40 Upper
Road)
11.30 Sales
Department
Jane (16
George St)
Max (1/15
Torrens St)
12.00 Routine
Inspections
Angela
Sales
Department
Max (3/15
Torrens)
12.30 Routine
Inspections
Angela
1.00 Routine
Inspections
Sales
Department
Certificate of Registration v3.2 August 2018 Page 39 of 78

Angela Stephan (90
Young St –)
1.30 Routine
Inspections
Angela
Sales
Department
Stephan (90
Young St –)
2.00 Routine
Inspections
Angela
Sales
Department
Max (67 King
St)
2.30 Routine
Inspections
Angela
Sales
Department
Max (67 King
St)
3.00 Routine
Inspections
Angela
3.30 Routine
Inspections
Angela
4.00
4.30 Stephan
(Market
Appraisal
Thomas)
5.00 Sales
Department
Jane (45
Town Road)
5.30 Sales
Department
Jane (45
Town Road)
6.00
Certificate of Registration v3.2 August 2018 Page 40 of 78

Enquiry Log
Date Time Caller Enquiry Referred
to
Completed
10
December
08:15 James Smith James Smith wants enquire the price of his house in which he and his wife are living
for over 5 years. James is not in hurry and wants to know the price of their house
only. The house is situated at market street and has 3 bedrooms. The reason behind
his enquiry is that James and his wife wants to down size.
Property
Sales
Associate -
Stephan
Mantino
Certificate of Registration v3.2 August 2018 Page 30 of 67
Organisational Chart

Certificate of Registration v3.2 August 2018 Page 31 of 67

File Note
Client: James Smith
Property: 3 bedroom house with ensuite in Market Street
Date Time Particulars Action
10 December
08:15
James Smith lives in a 3 bedroom house with his
wife Grace and they are considering downsizing
for which they want to know the price of their
house in today’s property market. James is not in
a hurry and only wants to know the price for
now.
Research about the
neighborhood and
communicate an approximate
value of the house.
Certificate of Registration v3.2 August 2018 Page 32 of 67
Certificate of Registration v3.2 August 2018 Page 43 of 78

Email Template
To: [e-mail]
CC:
Subject: Sales enquiry of James Smith
Conversation with James Smith regarding the documents he will need before agency can sell his
property. Documents which are required to get by James before interview are official papers of his
house property, ownership letter, documents for identity verification, documents for dual
ownership with his wife (if any).

Sales and Marketing Template
Method of
Sale
Advantages Disadvantages Marketing Options
Private
Treaty
Selling a property via private
treaty is a speedy process which
can be flexible and the cost of sale
will also be much less than other
modes.
It is not appropriate for auction
situation. Also negotiation is the
major drawback.
Local newspaper, websites such as realestate.com.au and word
of mouth.
Auction
The sale contract is deemed as
unconditional. Through aggressive
marketing, bidders may also tend
to pay much more than the
market value of the property.
Due to its complex procedure,
slow bidding can also result in
degrading the value of the
property. Auction requires
marketing campaigns which can
be expensive.
Real estate workshops, local newspaper, websites such as
domain.com.au and marketing campaigns.
Tender
Bids are kept confidential due to
which chances of getting prices
against property increases.
Expensive mode of sale as it
includes high marketing costs.
Real estate workshops, local newspaper, signboards and
marketing campaigns.
Certificate of Registration v3.2 August 2018 Page 34 of 67

Receipt
Excellence Property Trust Account
30 -32 Wentworth Ave Sydney
Receipt no 223
Date: 10 December
Received from: Alan
Young
The sum of (in
words): $1040
Being for: Rent
Property details: 40
George St Redfern
Period: 2 weeks $
Signature
Payment Method: Cheque
✔
Cash
Certificate of Registration v3.2 August 2018 Page 46 of 78

Workplace Situation Activity 2
Spiros Papolous (a property developer), has a partly completed development site. Stage
1, an apartment complex, has been completed. The majority of these apartments have
been sold. Spiros owns two of these apartments, he wants to sell one apartment and
keep the other as a rental property.
Stage 2 of the development, on the rear of the site, will be townhouses and building will
commence shortly. This area is fenced off from the existing apartment complex.
The property for sale has been inspected by the Property Sales Supervisor, Thomas, and
Thomas has created a listing information sheet. Using this information, (refer to the
Listing Information), you are required to write a letter to the Spiros explaining your
suggested method of sale and price range. In the letter you outline the prescribed
documents you will need prior to marketing the property. Write Letter about
suggested method of sale and price range.
After discussions with Spiros and his partner, Yolande Minnette, you have decided that
the best method of sale is Private Treaty, with a marketing budget of $3,500 (refer to
the Listing Information).
Using this information, you will need to prepare an Exclusive Sales Agency Agreement.
The agreement will go for 90 days from today’s date with a selling fee of 2.2% GST
inclusive. Prepare an Exclusive Sales Agency Agreement using the template
from the E-Learning resources. This must be uploaded when you submit your
assessment.
Spiros doesn’t want you to mention the proposed second stage of the development and
does not want any photographs of the building site to appear in the marketing. You will
need to write to him and explain the requirements of the section 52 of the Property Stock
and Business Agents Act that refers to misrepresentation by licensee or registered
person. Write a letter to Spiros and Yolande explaining advertising disclosure
requirements.
To enable the marketing team to prepare the advertising campaign, you complete the
Marketing Summary and list the features and benefits of the property and a draft
advertisement.
Once you have developed the documents, you email the Vendors for approval. Write
an email to Spiros and Yolande requesting approval of marketing.
Documents to be
completed Indicate with Y for Yes or N for No
Letter 1 re method of sale and
marketing
✔
Exclusive Sales Agency Agreement
Letter 2 re misrepresentation ✔
Marketing Summary ✔
© Certificate of Registration v3.2 August 2018 Page 47 of 78

Email – re approval of marketing ✔
Letter 1
Spiros Papolous
Property developer
Dear Vendor,
We have assessed your property and it is suggested to you to adopt mode of private treaty of sale.
The reason behind this suggestion is that this mode requires low marketing cost by which your
budget will not be effected.
The price range of property will be $880,000 but be ready to face negotiations as this price is higher
than the current market price of your property.
Prior marketing your property, we will require a duplicate copy of your ownership and pictures of
your property to attract buyers and lastly a blueprint of your property.
Thanks and Regards,
Excellence Property
Exclusive Sales Agency Agreement
© Certificate of Registration v3.2 August 2018 Page 48 of 78

Listing Information to complete agency agreement
Details
Vendors Spiros Papolous
Yolande Minnette
Address 27 Royal Parade
Randwick NSW 2222
Contact Work: 02 8965 7895
Mobile: [phone] (Spiros)
Email: [e-mail]
Vendors Asking
Price
$890,000
CMA Price $790,000 – $869,000
Property Address Unit 2/15 Apartment Drive Redfern
Listing Information
Commission 2.2% (GST inclusive) of eventual sale price
Method of sale Private Treaty
Solicitors Details
Solicitor Swift Conveyancing
Address 12/44 Market St Sydney
Contact Bella Rhoumi 02
9987 6633
[e-mail].a
u
Marketing and Promotion
Marketing Gold Package – including SMH advertisement $850
Solar signboard
A4 brochure
Total Cost $3,500
(SMH Discount 5%)
© Certificate of Registration v3.2 August 2018 Page 49 of 78

Letter 2
To Spiros and Yolande,
Property developer
Date: 10 December
Subject: Information about Business Agent Act
Dear vendor,
As per our last conversation, you do not want us to showcase actual photographs of your building
site to appear in marketing campaign. This letter intend to communicate the respnsbility that we
hold as a business agent towards the audience. According to the Section 52 of the Property Stock and
Business Agents Act, any misrepresentation by licensee or registered person like us will result in
monetary penalty as it is against the interest of public. It is important to present real pictures of the
building site so that people can know the actual current value of the building so that they can make
an informed decision regarding the purchase.
It is requested to work with us by fulfilling all the legal requirements. It is for disclosing in front of you
that we have to market actual pictures of the building site in order to market them.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 50 of 78

Marketing
Summary
Property Details
Address: Unit 2/15 Apartment Drive
Redfern
Features Benefits
An apartment for sale having bedrooms
and one bathroom which is located at the
busiest neighborhood.
At this location you can enjoy all the services within few
miles. Local airport and various restaurants are near to
this location.
Other Information
Draft Advertisement
Header
An apartment for sale at the busiest neighborhood where you can enjoy every service within few
miles.
Information
The apartment is in apartment drive where most of the apartments are already sold so that you can
enjoy neighbor friendly environment. This apartment is ready to move in and is available to you at the
price of $880000. A two bedroom hall kitchen apartment with location near to airport and various
restaurants.
Inspection Times
08:00 A.M. to 08:00 P.M.
Contact
interested parties can contact through:
Contact No.: XXX-XXX-XXXXX
Email ID: excellencepropety.com.au
© Certificate of Registration v3.2 August 2018 Page 51 of 78

Email Template
To: [e-mail]
CC: [e-mail]
Subject: Requesting approval of marketing
A marketing advertisment is enclosed with this email. Kindly check and provide approval on this marketing
campaign so that the process of sale can be spede up. Any modifications you require, are welcome.
Thanks and Regards,
Excellence property
© Certificate of Registration v3.2 August 2018 Page 52 of 78

Workplace Situation Activity 3
Now that the agency agreement has been signed, you can start your marketing
campaign.
You have a database of prospective buyers that you can contact who may be interested in
the apartment. When reviewing the database you find a potential buyer for one of the
properties for sale. You will email them and see if they are still interested. 1. Write email
to potential buyers from database.
Your sister is also interested in looking at one of the units and is keen to make an offer.
You will need to make the appropriate disclosure to the Vendors. 2. Complete S49
disclosure form
Margaret and Casey Todd want to give you $1,000 as an expression of interest deposit
when they submit their offer (the offer is $20 000 below the listed price). They want to
take the property off the market whilst they organise their finances. You will need to
explain to them what happens if you accept their deposit and that you would suggest that
they obtain specialist advice in relation to pest and building inspections. 3. Write email
explaining expression of interest deposit and the importance of obtaining
specialist advice.
You give the offer to Spiros over the phone and follow up in writing. Letter of Offer
Spiros and Yolande have instructed you to negotiate a price no more than $10,000
below the asking price.
After a number of phone calls with counter offers you finally get agreement between
buyer and seller refer to the email (Confirmation of Acceptance below).
To confirm the offer and acceptance you complete a sales advice. Complete Sales
Advice
Documents to be
completed Indicate with Y for Yes or N for No
Email 1 – to database buyers ✔
Section 49 Disclosure Form ✔
Email explaining expression of
interest deposit
✔
Letter of offer from Margaret and
Casey Todd
✔
Sales advice ✔
© Certificate of Registration v3.2 August 2018 Page 53 of 78

Email Template
To: [e-mail]
CC:
Subject: An apartment for sale at Unit 2/15 Apartment Drive Redfern
This is to inform you that we have an amazing property in your budget to offer you. This is an apartment
peoperty at Unit 2/15 Apartment Drive Redfern. The biggest advantage of this property is that you will find
a cozy and busy neighborhood in this building.
It is requested to you to revert, if you are interested in this property.
© Certificate of Registration v3.2 August 2018 Page 54 of 78

To
Your sale of: Unit 2/15 Apartment Drive Redfern
Nature of interest: To make an offer for the property for sale at Unit 2/15 Apartment Drive Redfern
Person obtaining the interest: Sibling
-----------------------------------------------------------------------------Signature of real estate
agent(s)/salesperson(s)
Proposing to obtain beneficial interest)
[Print name of the real estate agent(s)/salesperson(s)]
DATED: 18 December
© Certificate of Registration v3.2 August 2018 Page 55 of 78

TO: [Excellence property]
(Signature of each client)
[Print name of each client]
DATED:
© Certificate of Registration v3.2 August 2018 Page 56 of 78

Email Template
To: [e-mail]
CC: [e-mail]
Subject: Expression of interest deposit and the importance of obtaining specialist advice
This is regarding your offer of accept the deposit of 1000. It is to inform to that according to guidelines, if
you cancel our agreement in future than you will not be entitled to get your interest deposit.
Also, it is advised to you to get a speciliast advice for pest control. As you know, now a days it is imporatnt
to get a pest control check so that you can live a helathy life so it is our advice to you to first get a pest
control check.
Thanks and Regards,
Excellence Property.
© Certificate of Registration v3.2 August 2018 Page 57 of 78

Letter of Offer
To Spiros
Date: 21 December
Subject: Offer for Sale of the apartment
Dear Vendor,
We have received an offer for sale of your apartment. The client is ready to purchase your apartment for
$20000 less the asking price. And is also ready to pay $ 1000 as an interest deposit.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 58 of 78

Confirmation of Acceptance Email from Spiros and Yolande
accepting offer from Margaret and Casey Todd (use information
to complete sales advice)
Sales Advice
Address of Property for Sale
Postcod
e
Vendor Spiros Papolous and Yaloande Minnette
Price $ $88000
Deposit 10% of
purchase price
$8800
© Certificate of Registration v3.2 August 2018 Page 59 of 78

Date for
completion
42 days after the contact date
Inclusions Nil
Exclusions Nil
Special
Conditions
Nil
Vendors Solicitor
Firm
Name of
Solicitor
Swift Conveyancing Document
Service
Address 12/44 Market St Sydney
Phone [phone] Mobile XXXX-XXX-XXX
Fax Email [e-mail]
Vendors Agent
Name Excellence Properties
Phone [phone] Mobile XXXXXXXXXXXX
Fax Email Excellenceproperty.com.au
Purchasers
Name Margaret and Casey Todd
Address 15 Avenue street Postcode
Phone XXXX-XXX Email [e-mail]
Purchaser Solicitor (Make up these details yourself)
Firm TGH
Name of
Solicitor
Mark buffay
Address 18 Avenue street Document
Service
Phone XXXX-XXX Mobile XXXX-XXX-XXXX
Fax Email [e-mail]
© Certificate of Registration v3.2 August 2018 Page 60 of 78

Workplace Situation Activity 4
As Spiros Papolous wants you to manage Unit 1/15 Apartment Drive, Redfern, you
will need to complete a managing agency agreement with him.
You have negotiated a commission rate of 6.6% and a monthly administration fee of
$8.80. You will charge 110% of one weeks rent as a letting fee.
Spiros would prefer that the initial lease be for 12 months.
Your rental appraisal suggests the rent be between $660 - $700 per week, however
Spiros has previously indicated that he would like to get $750 per week.
You will need to use all your persuasion skills to help him understand that this amount is
not attainable in the current market and that he should agree to an amount within your
range. In a letter explain the comparable analysis process for your rental decision. Write
Letter explaining rental appraisal.
You have reached agreement on the rental amount of $680 per week and finalise the
Management Agreement for signatures. Complete Exclusive Management Agency
Agreement from the Resource section. You must upload this document when
you submit your assessment.
The process of showing the property and reviewing tenants’ applications has begun. After
an open for inspection you have received a number of applications and after doing the
appropriate checks you now have 4 suitable tenants, (see resources) complete the
Tenant Application Review template for the two tenants you would like to nominate to the
Landlord for approval. Tenant Application Review.
Spiros has asked you to send him a summary of your selected tenants with an
explanation of why you believe they will be good tenants. Write email with
information about your selected tenants.
Spiros has indicated that he and Yolande would be happy with any of your prosed tenants
and instructs you to enter into a tenancy agreement with your preferred applicant.
You contact the successful applicant and email them with the details of what monies they
will need bring with them when they sign the agreement. You also ask them for a holding
deposit to be paid immediately and explain what will happen if they don’t sign the
agreement. Write email to successful tenant explaining the next steps.
Your new tenant has come in to sign the tenancy agreement and pay their bond.
Complete Residential Tenancy Agreement and Bond Lodgement Form from the
Resources
Prepare the end of month statement for Spiros, you have collect 4 weeks rent from the
tenants. Complete End of Month Statement
Documents to be Indicate with Y for Yes or N for No
completed Letter – re management of ✔
© Certificate of Registration v3.2 August 2018 Page 61 of 78

property
Managing Agency Agreement ✔
Tenant Application Review short
list
✔
Email to Landlord – re tenant
selection
✔
Email to Tenant – re signing lease ✔
Residential Tenancy Agreement ✔
Bond Lodgement Form ✔
End of Month statement ✔
© Certificate of Registration v3.2 August 2018 Page 62 of 78

Letter 1
To Spiros,
Date: 23 December
Subject: Explaining rental agreement
Dear Vendor,
As per our last discussion, you want us to manage your Unit 1/15 Apartment Drive, Redfern. This is to
inform you that the rent that you are expecting is too high and it must be negotiated at $680 per week.
Apart from this, the monthly commission rate will be 6.6% and you also have to pay $8.80 as an
administration fee. This lease will be for 12 months in which we will charge 110% of one week as a
letting fee.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 63 of 78

Tenant
Application Review
Tenants Name Mr Fredo Rositano
Reference Checked by Thomas – Sales department
Employment confirmed –
List company and person
contacted
Self Employed
Length of employment 15 years
Present Landlord/Agent
details and person
contacted
Post Centre Estate Agents
Comments
Tenants Name Mr Robert Hurst and Agatha Hurst
Reference Checked by Thomas – Sales department
Employment confirmed –
List company and person
contacted
Hi Tech Solutions
02 8975 6985
Length of employment 5 years
Present Landlord/Agent
details and person
contacted
Never Rented
Comments
© Certificate of Registration v3.2 August 2018 Page 64 of 78

Email to Landlord
To: [e-mail]
CC:
Subject: Summary of your selected tenants
Dear vendor,
It is to inform you that we have shortlisted two tenants for you. These tennats are Mr Fredo Rositano
Mr Robert Hurst and Agatha Hurst. The reason ebhind selected them is their impressive employement
history. Also their present landlord have positive views about them.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 65 of 78

Email to tenant
To: [e-mail]
CC:
Subject: Selection as a successful tenant
It is to inform you that you have been selected against your offer of being a tenant at the aprtment at Unit
2/15 Apartment Drive Redfern. It is to inform you that you are required bring your identification proof,
your current employment and rental agreement at the time of signing the agreement.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 66 of 78

Tax Invoice
ABN: 31 007 167 278
Month January
Landlord Spiros Papolous
Address 27 Royal Parade Randwick NSW
2222
Your Rental Property Apartment at Unit 2/15
Apartment Drive Redfern
Rent Collected 4weeks @ $680 Total: $2720
Our fees and charges
Item commission rate $179.52
monthly administration fee $8.80
letting fee $748
$
Total Fees $936.32
Other Payments $
Total Deductions $936.32
Your Payment $1783.68
We thank you for your patronage. If you wish to discuss any aspect of this
statement, please call our accounts department on 8267 7895 or email
[e-mail].
NB: Your payment has been deposited into your nominate bank account.
Yours sincerely
Property Manager
© Certificate of Registration v3.2 August 2018 Page 67 of 78

Workplace Situation Activity 5
Robert Redman, Penny Yung and Enrico Lomas have been renting an older style 3
bedroom house with Excellence Property for nearly 15 months.
At the beginning of their tenancy they were model tenants, their rent paid in advance and
the property was well maintained. Over the last month, their rent payments have been up
to 5 days late, they haven’t been paying the full amount and as such are now $400 in
arrears.
You have contacted them and found out that Robert is currently out of work and has not
been able to pay his part of the rent. Robert is starting a new job next week and will start
paying his share of the rent then.
You have discussed the issue with your Landlord (Krista Miles) and have come to an
agreement with the tenants, they will make up the back rent by paying an extra $20 per
week until the arrears have been paid. You confirm this arrangement with the tenants by
email. Write email to tenant confirming the payment agreement
You decide at this point that it would be a good time to do a periodical inspection of the
property and Krista would like to be present at the inspection. You send a letter to the
tenants (ensuring the appropriate notice period is observed), advising them of the details
of the inspection and that the Landlord will be in attendance. Write letter to tenants
giving notice that you will be conducting an inspection
During your inspection you notice that the kitchen window frame has been broken, the
lawns are overgrown and there is a large brown stain on the carpet in the hallway. There
are a number of palings missing from the side fence and there is evidence that they have
had a home-made BBQ in the back yard.
Krista is appalled at the state of the property and demands that you evict them
immediately. You assure Krista that you will attend to the situation and will contact her
with the outcome.
Back at the office you prepare the termination notice and a letter that explains the reason
for the termination notice. for You serve the notice by hand. Termination Notice from
the E-Learning resources and Letter to Tenants explaining the reasons for
termination. You must upload this document when you submit your
assessment.
Robert and Penny contact you to discuss the necessary repairs and confirm with you that
they will pay all costs. They will vacate the property at the end of the month.
You agree to send them an email that explains the process for vacating the property and
how they can ensure that their bond is refunded. Email to tenants explaining the
process of vacating the rental property.
You have organised for your handyman Adam Walker to fix the window frame and
fence; he will pick up the keys on Friday on his way to the property. Complete key
register showing that Adam has taken the keys.
© Certificate of Registration v3.2 August 2018 Page 68 of 78

Documents to be
completed
Indicate with Y for Yes or N for No
Email to tenants – re rent
payments
✔
Letter to tenant - re property
inspection
✔
Termination Notice ✔
Letter to tenants – re termination
notice
✔
Email to tenants – re outgoing
inspection
✔
Key register ✔
© Certificate of Registration v3.2 August 2018 Page 69 of 78

Email to tenant confirming payment
To: Robert Redma
CC: Penny Yung, Enrico Lomas
Subject: Confirming the payment agreement
Dear tenants,
As per your part of the default in payment of the rent. It is to inform you that from next week, you are
required to pay an extra $20 per week unitl the arrears of your rent amount are paid.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 70 of 78

Letter to tenants about property inspection
To: Robert Redman, Penny Yung and Enrico Lomas
Date:
Subject: Notice for inspection
Dear tenants,
It is to bring your notice that we are planning to do an annual inspection on your property and it is
important to inform that your landlord will also be present at that time. You have to vacant the property
on 21 December.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 71 of 78

Letter to tenants about termination notice
Email to tenants with information about vacating property and
outgoing inspection
To: [e-mail]
CC: [e-mail]
Subject: Process of vacating the rental property
Dear tenants,
It is to inform you that you are required to vacant the rental propery at the end of this month after fulfilling
all the repairs and paying damages then after you can have your bond value. You have to vacant the
property on 21 December.
You are required to bring your copy of rental agreement along with identification documents.
Thanks and Regards,
© Certificate of Registration v3.2 August 2018 Page 72 of 78

Page 62 of 67
Property - ID Key Number Issued
Date -
Time
Issued By
Name –
Signatur
e
Issued to
Name –
Signatur
e
Returne
d Date -
Time
Received
By
Name –
Signatur
e
HS097
65 High St Surry Hills
Yuen Dong
HS097 1
Back Door
HS097 2
Front Door
HS097 3
Security Door
HS097 4
Garage Door
HS097 5
Security
Swipe
26/8/XX
9.30am
Sun Lee Max
Watters
Electrician
26/8/XX
2.45pm
Sun Lee
YB098
17 Young St Burwood
Krista Miles
YB098 1
Front Door
YB098 2
Garage Door
YB098 3
Security Door
03/01/XX Robert Adam
Walker - fix
the window
frame
03/01/XX Sun Lee

Workplace Situation Activity 6
Spiros has now begun work on Stage 2 of the development. The townhouses are in the
process of being built. This has resulted in trucks and other building machinery entering
the property and hindering the access for residents in the apartment building. Some
minimal damage has been done to pedestrian areas, which most residents are accepting
as part of the building process. However, it has caused some additional access issues for
Mohammad, the resident from apartment 3, who is wheelchair bound.
Mohammad has notified the agency on 2 separate occasions of the issue, but a resolution
has not been reached. Mohammad has put in a formal complaint, which you record in the
Complaints register. Complete Complaints Register (see Letter of Complaint)
Mohammad has requested that the footpaths be repaired, but Spiros is reluctant to
complete this work until the machinery is no longer required on site. There are plans for
redevelopment of the communal pathways and gardens surrounding the apartment
building as part of Stage 2 of the development. It is estimated that this is likely to take
another 12 months.
You need to remind Spiros about the rights of the tenant, especially as he is disabled and
the potential options that could appease Mohammad.
Spiros recognises Mohammad’s needs but also has a priority to complete the building
project on time and within budget. He has authorised you to negotiate a temporary
solution costing up to $5 000.
The developer has suggested that it would be beneficial for the property manager to
resolve this issue as quickly as possible to avoid any further negative public exposure.
You write to Mohammad explaining the offer to install a temporary ramp and suggest that
he takes a little time to evaluate the offer. Write letter re ramp
After considering the offer, Mohammad has decided that he is not happy with this
solution, as he feels that his safety will still be at risk. He feels that the developer is
discriminating against him and is threatening to take the matter further. Write a
letter to Spiros re discrimination concerns
Documents to be
completed Indicate with Y for Yes or N for No
Complaints register ✔
Letter to Mohammad re ramp ✔
Letter to Spiros re – discrimination
concerns
✔
© Certificate of Registration v3.2 August 2018 Page 74 of 78

Date 01/01/XX Complaint
Reference Damage to pedestrian access on
property
Made by Mouhammad Elami
Contact Details
Property/
Person 3/15 Apartment Drive Redfern
Reason for
Complaint The building of township has resulted into restricted access
Details of
Complaint Mouhammad is a wheelchair bound person who lives in Apartment 3 of
Apartment drive. Due to the construction at townships, a considerable damage
has been caused at pedestrian area due to which Mouhammad is facing issues.
Complaint
lodged with
Name
Susan Watts Date Referred to
Manager 01/01
Actions Taken Build a temporary ramp in the building which is wheelchair friendly
Resolution or
Follow Up Check whether or not ramp has been constructed and suitable for a person
with wheelchair.
Signature (of
person completing
this document)
© Certificate of Registration v3.2 August 2018 Page 76 of 78

Letter to Mohammad with ramp proposal
To: Mouhammad
Date: 03/01
Subject: Consider the offer of temporary ramp
Dear Mouhammad,
It is to request you to accept the offer of temporary ramp as the construction site is at its critical stage
and building a permanent ramp can be an issue. So, it is requested you to consider the offer to
temporary ramp. This offer will include a temporary ramp till construction is not completed.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 77 of 78

Letter to Spiros about Mohammad’s claim of discrimination
To Spiros
Date: 09/11
Subject: Discrimination concerns
Dear vendor,
It is to bring in your focus that you are required to fulfill the requirements of Mohammad as he is
feeling discriminated against your actions of offering him a temporary solution and he is now
threatening to take this issue further. There are large penalties which you have to paid. So, it is
advised and requested to take consider his threats as a warning and fulfil his requirements.
Thanks and Regards,
Excellence Property
© Certificate of Registration v3.2 August 2018 Page 78 of 78