CPPDSM4012A - Listing Property: Sales Agency Agreement & Analysis

This assignment focuses on the practical aspects of listing property for sale, requiring students to demonstrate their understanding of sales agency agreements and relevant state-specific legislation. Part A includes short answer questions covering topics such as obtaining title searches, documentation requirements for listing files, agent rules of conduct, requirements for valid sales agency agreements, and obligations related to selling tenanted properties. It also addresses the ethical considerations of agents obtaining a beneficial interest in a listed property and the procedures for referring clients to service providers. Part B involves completing a sales agency agreement based on a provided case study, assessing the student's ability to accurately interpret client instructions and complete industry-standard documentation. The assignment utilizes industry forms specific to each Australian state/territory and assesses the accuracy of information, calculation of dates, and overall understanding of the listing process. Desklib is a valuable resource, offering access to past papers and solved assignments to aid students in their studies.

ASSESSMENT
List Property for Sale (CPPDSM4012A)
Student identification (student to complete)
Please complete the fields shaded grey.
Student number [8-digit number]
State or Territory [State or Territory]
Course [Registration/Representative or License program]
Number of pages
including this one [number]
Assessment result (assessor to complete)
Result — first submission (Details for each activity are shown in the table below)
Competent / Not yet competent
Result — resubmission (if applicable)
Competent / Not yet competent
CPPDSM4012A_AS_v1.1 © November 2016 Kaplan Education Pty Limited

Feedback (assessor to complete)
Important note for students: If resubmission is required, please ensure you use your assessor
feedback file to modify your submission (answers must be in a different colour font). Your
assignment cannot be assessed if you do not include your assessor comments in this document.
[insert assessor feedback]
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Before you begin
Read everything in this document before you start your assessment for this subject.
Instructions for completing and submitting this
assessment
The information and resources that can assist you in answering the questions in this assessment can be
primarily sourced from the learner guide and supporting resources for ‘List property for sale
(CPPDSM4012A)‘, located on your eLearning platform. You may also be required to conduct some
independent research.
When completing your assessment:
• ensure you read each question carefully and answer all parts of the question
• type your answer in the space provided
• ensure you respond to the question in full and where necessary the box will expand to accommodate for
your response. The answer box is not indicative of the length of your response
• where relevant, make reference to your state’s specific legislation or requirements
• if submitting additional pages for this assessment, ensure it is clearly labelled with your name,
subject name and question number.
Saving your work
It is your responsibility to save a copy of your work. To do this:
• download this document to your desktop
• type your answers in the spaces provided
• save your work regularly.
Submitting the assessment
When submitting your assessment, the following applies:
• You must submit your completed assessment in a compatible Microsoft Word document.
• Do not remove any sections of the document.
• Do not save your completed assessment as a PDF.
• The assessment must be completed in full before submitting it to Kaplan Professional Education.
Incomplete assessments will be returned to you unmarked.
• The maximum file size is 5MB.
• Once you submit your assessment for marking you will be unable to make any further changes to it.
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The assessment marking process
Once you have submitted your work:
• your assessment will be marked
• your results, including feedback will be provided in this document under ‘Assessment Result’
• your assessment will be returned to you on the eLearning platform for this subject.
‘Not yet competent’ and resubmissions
Should your assessment be marked as ‘not yet competent’ you will be given an additional opportunity
to amend your responses so that you can demonstrate your competency to the required level.
Further resubmissions to this can be requested at a fee.
When resubmitting:
• you must address the assessor’s feedback in your amended responses
• you only need to amend those sections that the assessor has indicated require resubmission
• make changes to your original submission
• use a different text colour for your resubmission. Your assessor will be in a better position to gauge the
quality and nature of your changes.
Units of competency
This assessment is your opportunity to demonstrate your competency in the following unit:
CPPDSM4012A List Property for Sale
Assessment activities
The assignment consists of the following activities.
Part A: Short answer questions
• This section consists of six (6) short answer questions.
• Question 1, 5 and 6 consist of multiple parts.
Part B: Case study
• This section requires you to complete an industry form based on the case study provided
• You can access the required form in the supporting resources folder for your State/Territory. Where
available, also refer to any other handouts/factsheets in your supporting resources on how to complete
the forms.
• If you are already in real estate, we would encourage you to use the documents that are used by your
agency and adapt them to the instructions provided.
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We are here to help
If you have any questions about this assessment you can email us at [e-mail]. You can
expect an answer from one of our technical advisers or student support staff.
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Part A: Short answer questions
Please provide a response for each of the following questions. All questions must be completed in full.
Question 1
(a) What is the name of the authority from which you can obtain a title search for a property for sale in
your state?
Note: You must identify the full name of the authority.
<Insert answer here>
(b) What commercial search providers are available in your state/territory to assist you to locate
information about properties prior to carrying out a listing presentation, and what information is
available from these sources?
<Insert answer here>
Question 2
List the documentation that you would be required to keep in your listing file for a sale of property.
Note: Your answer must include any documents you are required to keep as prescribed by law under your
State/Territory specific legislation as well as an agency documentation that you would need to keep in the
file.
<Insert answer here>
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Question 3
List the agent Rules/Codes of Conduct/Profession conduct/Agents conduct under your state specific
legislation that relate to the listing of properties for sale.
Note for SA & QLD students: There are no separate rules/code of conduct legislation in your State, refer to
the main legislation in your state governing agency practice. This legislation will cover an agent’s
responsibility and conduct requirements when listing a property for sale.
<Insert answer here>
Question 4
Describe the requirements in your State/Territory for a valid sales agency agreement, including any
prescribed terms that must be in the agreement.
<Insert answer here>
Question 5
Review the relevant tenancy legislation for your state and explain your state’s requirements for agents
dealing with selling a rental property, including:
(a) notifications to tenant of the listing
(b) access to the property for inspections by prospective buyers
(c) notice period requirements to terminate the tenancy once the property is sold.
YOUR
STATE
Legislative requirement for providing
notice to tenant of listing for sale
Legislative requirement for gaining
access to show new prospective buyers
Notice period requirements
to terminate the tenancy
once the property is sold
<Insert
answer
here>
<Insert answer here> <Insert answer here> <Insert answer here>
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Question 6
(a) What is meant by the agent obtaining a ‘beneficial interest’ in a property they have listed for sale?
As an agent, one is said to have a beneficial interest in the acquisition of a given property (as well as an
option to buying the property) if the purchaser: is himself, his associate, for example a close relative,
somebody is acting on his behalf or of his associate, is an affiliate of a corporation which him or his
associate is also an affiliate. 1Every State and Territory in Australian‘s real estate statutes normally replicate
these particular rules such that any agent who illegitimately involves in “insider trading”, undergoes some
serious consequences.
(b) What action needs to be taken by an agent if they intend to obtain a beneficial interest?
HINT: Identify and name the sections of your agent state/territory legislation relating to beneficial
interest - consider what the agent must do if they or a colleague or a relative does want to buy the
property. You must make reference to the legislative requirement in your state/territory in your
response and the action/procedure you would take to ensure you were abiding by this legislation.
Section 48 requires the agent to make two kinds of disclosures which include any relationship and the type
of relationship he or she has with whoever is providing the services. Should also disclose whether the agent
anticipates getting any consideration like money or any other remuneration from the firm or individual to
whom they have referred their prospective buyer or client and if that is the case, the amount of
consideration should be disclosed as well2. This action is supposed to be taken at the time the agent is
making the referral to that ensure it is legally binding.
(c) What are agents required to do if they are referring clients or buyers to service providers and
receiving a fee from the service provider? Your response should address any forms or other
procedures that the agent must follow.
Some of the example of providers where an agent can refer clients or buyers include insurer, property
assessor, conveyancer, and finance provider among others. The agent is not supposed to disclose any
amount of the fees the service provider shall levy the customer. Charges for some of the services ought to
be negotiated between the service provider and the consumer. However, the agent should disclose any
relationship between the service provider and the agency and also any consideration that will be received
by the agency for making the referral.
1 Anon., n.d. Identify legal and ethical requirements of property sales to complete work. CPPDSM4008A Information
Manual Queensland, p. 22.
Government, New South Wales, n.d. Duty of disclosure. [Online]
Available at: http://www.fairtrading.nsw.gov.au/ftw/Property_agents_and_managers/Rules_of_conduct/
Conduct_requirements/Duty_of_disclosure.page
[Accessed 2018 5 2018].
2
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Part B: Case study - Sales Agency Agreement
You are now required to complete a valid, enforceable Sales Agency Authority from the information
provided in the pro-forma below. We will be assessing you on the accuracy of correct names and spelling,
and the calculation of correct exclusive agency dates. We will also be assessing you on your ability to
interpret and translate instructions from your client correctly into the listing documentation.
Completing the form
Industry forms have been provided in your State/Territory Supporting Resource folder (in KapLearn) for you
to use for this assessment. Note that the Sales Agency Authority is called by a different title in each state
and territory. The form relevant to your state or territory is as follows:
NSW Sales inspection report & exclusive selling agency agreement (residential)
ACT Agency Agreement
QLD Form 6 — Appointment of a property agent with sales schedule
(Please note: You are required to complete the ‘property details listing’ and ‘comparative market
analysis’ forms which have been attached to form 6 in your supporting resources folder)
SA Residential sales agency agreement
VIC Exclusive selling agency authority (residential)
WA Exclusive selling appointment of agent (residential)
If you are already in real estate, we would encourage you to use the documents that are used by your
agency and adapt them to the instructions provided.
Instructions
• You need to use the information provided in the case study below to complete the document.
• All areas of the form must be completed.
• Do not use ‘not applicable’ to complete areas of the form. You may use ‘nil’ if appropriate.
• If you require information that is not provided in the Case Study you can insert hypothetical information.
• If you are completing this activity as a South Australian student, refer to the special note for
South Australia below regarding agent’s appraised price.
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Case study details: Listing of Pro-Forma
Date of listing preparation and appointment: 1 September 200X (Use current year)
Principal:
Newlook Pty Ltd
ABN: 22561-789 Email: [e-mail]
Address: Suite 212, Leighton Building
143 Coronation Drive, Somewhere
Phone: [phone] Fax: [phone]
Principal’s Solicitor/Conveyancer:
Rowlands (Mr. Richard Hadwood)
Suite 10, Regis Tower, Park Rd, Somewhere
ABN: 12567-776 Email: [e-mail]
Phone: [phone] Fax: [phone]
Agent:
ABC Pty Ltd trading as ABC Real Estate
18–20 Orion Rd, Somewhere
ABN 24561
Licence number: 24561179
Phone: [phone] Fax: [phone]
Salesperson:
Insert your name.
You are authorised as a salesperson to sign off an agency agreement on behalf of the agency.
Your salesperson’s registration number (where applicable in your state) is 5554- 6621.
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Property being listed for sale:
Address:
123 Dunmore Terrace, Somewhere
The land contains an established Federation home built in the 1930s
Description:
Lot 2 on Deposited Plan 18907, County Stanley, Parish Somewhere.
Present use:
The home is listed on the council search as a single detached residential dwelling.
Price:
The owner’s instructed listing price is $935,000. Not negotiable.
Agent’s appraised price supported by a CMA:
$900,000–$925,000
NOTE FOR SOUTH AUSTRALIA STUDENTS: As there is a legislative requirement in your state to state a
figure (e.g. $330,000), rather than a price range, you must refer to the following information before
completing this form: http://www.sa.gov.au/__data/assets/pdf_file/0020/23717/Approved-
R1_final_sales_agency_agreements.pdf
Type of listing:
The owners have agreed to list the property as an exclusive agency for 60 days from the date of
appointment. They have also agreed to retain the agent’s service with an open listing if the property does
not sell within the 60 days.
Commission:
The agent and client agree that the commission will be 3%.
Expenses:
The client has agreed to invest $3500 in advertising and promotion. They are also happy for the agent to
charge them the cost of a title search. This is estimated at around $15.50
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