Open Colleges - Real Estate Portfolio: CPPDSM4080A & CPPDSM4008A (NSW)

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AI Summary
This portfolio of evidence, created for Open Colleges, addresses the requirements of CPPDSM4080A - Work in the real estate industry and CPPDSM4008A - Identify legal and ethical requirements of property sales to complete agency work in NSW. The assignment involves developing an employee guideline for City Surf Real Estate, covering estate agency operations, legislative and agency requirements, ethical practices, roles and responsibilities, risk management, and the sales process. The portfolio requires research on agency operations, key legislations, ethical standards, employment requirements, and risk management strategies. It also includes the analysis of the sales process, marketing strategies, and compliance with legislative requirements. The assessment demonstrates an understanding of the real estate industry's key aspects, including the relationship between the agency and sales person, the responsibilities of key personnel, and the importance of ethical conduct and legislative compliance. The portfolio also includes requirements to detail the sales process, from marketing to settlement, and to understand the different types of listing opportunities and methods of sale within the legislative requirements.
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CPPDSM4080A - Work in the real estate industry and
CPPDSM4008A - Identify legal and ethical
requirements of property sales to complete agency
work (NSW)
Portfolio of evidence
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All terms mentioned in this text that are known to be trademarks or service marks have
been appropriately capitalised. Use of a term in this text should not be regarded as affecting
the validity of any trademark or service mark.
All rights reserved. No part of the material protected by this copyright may be reproduced
or utilised in any form or by any means, electronic or mechanical, including photocopying,
recording, or by any information storage and retrieval system, without permission in
writing from the copyright owner.
Open Colleges WRITTEN ASSESSMENT TASKS Page 2 of 27
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Instructions
To help Open Colleges manage your assessment, please use the following file-naming
convention when you save your Microsoft Word document. Your file should be named and
saved to your computer hard drive using your:
[Student number]_ [assessment] _ [assessment number].docx
For example:
12345678_21850a_01.docx
Competency details
CPPDSM4080A - This unit of competency specifies the outcomes required to enable a new
entrant to the industry to gain a basic understanding of the industry and work ethically and
effectively in a real estate agency. This includes awareness of ethical and conduct
standards, core functions of real estate agency operations, legislative and regulatory
framework within which the industry operates and industry employment requirements.
CPPDSM4008A - This unit of competency specifies the outcomes required to meet the core
legal and ethical requirements associated with property sales. This includes awareness of
the legislation relating to property sales, the role and responsibility of agency personnel in
property sales, the administration of sales transactions and the completion of sales
documentation.
The units may form part of the licensing requirements for persons engaged in real estate
activities in those States and Territories where these are regulated activities.
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Getting started
The assessments have been designed to provide evidence that demonstrates your
competence in the units CPPDSM4080A - Work in the real estate industry and
CPPDSM4008A - Identify legal and ethical requirements of property sales to complete
agency work.
Your trainer will:
answer any questions that you have about the assessment
Assess your competence as stipulated in the unit of competency by making judgments about
the evidence you have presented in line with the rules of evidence – validity, authenticity,
currency and sufficiency.
Provide feedback on the outcomes of the assessment process.
Introduction
You are required to complete three assessments CPPDSM4080A - Work in the real estate
industry and CPPDSM4008A - Identify legal and ethical requirements of property sales to
complete agency work.
This assessment is designed to gather evidence of your competence, specifically:
Develop knowledge of estate agency operations and property sales
Interpret and comply with legislative and agency requirements
Model ethical practice
Develop knowledge of sales process
Identify industry employment requirements and the roles and responsibilities of sales
personnel
Assessment Description
32982/02 Portfolio of evidence – Case Study
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Assessment 2:
Case Study:
City Surf Real Estate has been operating for over 2 years. You commenced working for the
organisation six months ago as a residential property sales agent.
Since its inception the agency has grown rapidly and there are key aspects of its day to
day operations which need to be reviewed to ensure that all work tasks are carried out in
accordance with industry and legislative requirements.
You have just attended a meeting with Jim Sykes the owner of the agency, who has asked
you to take on more responsibilities which includes the completion of key tasks as required.
He has also indicated that these tasks will be beneficial to your professional development
and growth within the agency and will assist in any future advancements within the
organisation.
Jim has requested that you complete the following and report back to him in two weeks for
final review and implementation:
Real estate industry booklet for employees
Before you complete the following activities you will need to read the document in Appendix
A, which provides you with the City Surf Real Estate company profile, including a chart which
outlines the roles of the employees working within the agency.
Activity 1: Employee Real Estate Industry Guideline
In your meeting with Jim he requested that you develop an industry booklet for all
employees. Due to the rapid expansion of the agency and the need to recruit additional staff
in the coming months, Jim is concerned about the quality of the agency falling below the
standards he has set and would like the booklet to form part of the initial induction of all new
staff and it is to be made available to all existing staff as part of their ongoing training and
professional development.
You have been provided with the following templates which must be used when completing
this activity. Once completed you will need to submit both completed templates for this
activity.
Appendix B – Employee Real Estate Industry Guideline Appendix C – Research and Reference Index
Part A: Research and Referencing
To complete this activity you will need to conduct all necessary research using software
applications, websites and internet pages which must be referenced using the template
provided in Appendix C.
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You will also need to provide two screen shots of different web pages or software
applications you have utilised during the research and preparation of the guideline to
demonstrate your computer skills.
Part B: Industry Guideline
When completing Appendix B - Employee Real Estate Industry Guideline you must ensure
that you have addressed each of the points below in detail:
(Word count: 2000)
Section 1: Estate Agency Operations
a) Provide a brief outline of the agency (sales person) principal relationship and the key
legislative requirements which must be met when enter into this type of relationship.
b) Give an overview of the key responsibilities of the following key personnel working
within City Surf Real Estate and the registration and licencing requirements for each
role:
Real Estate Principal Agent
Accredited Auctioneer
Property Manager/Sales Representative
NOTE: your response needs to address
disclosure requirements
sanctions for violations
controls on secret commissions
liability for breach of contract and negligence
c) List 4 key operations which are conducted within City Surf Real Estate and provide an
overview of the legislative and agency requirements which need to be adhered to for
each area listed.
d) City Surf ownership is registered as a corporation. Provide a brief explanation of what
the licencing requirements for a corporation are in comparison to a partnership within
the property services sector.
Section 2: Legislative and Agency Requirements
Conduct the necessary research to complete the following points and ensure that your
references are recorded in Appendix C – Research and Reference Index:
e) List 5 key legislations related directly to working in property services which must be
followed and provide an example of how you apply each listed legislation within your
own role.
f) Based on NSW Legislative and Agency requirements provide information on:
Licencing eligibility requirements
Certificate of Registration eligibility requirements
NOTE: for each point listed above you must include details of:
who is required to obtain the certifications,
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where the specific application can be sourced and
the penalties which can be imposed if these requirements are not adhered to
g) List and provide a brief overview of the legislative requirements which must be
followed working at City Surf Real Estate regarding:
Privacy and Confidentiality
Consumer Protection
Equal Employment Opportunity
Workplace Health and Safety
h) Explain how trust funds are used in property services, who is authorised to manage
the funds and the legislative controls which must be followed to ensure compliance.
i) Conduct the required research and list:
3 key government agencies and their direct relation to working at City Surf
Real Estate.
2 key industry bodies and their direct relation to working within the property
services sector. (Provide an example of when you would contact these
organisations).
Section 3: Ethical Practices
Conduct the necessary research and address the following points related to ethical practices
and principals within the property services sector.
j) Provide the name and website address for the ethical practices/standards which
applies to the property service sector and outline the key aspects of the standards
which relate to:
General ethical standards which should be applied when working at City Surf
Real Estate
Ethical and conduct standards specific to the sale of a property
Penalties for breaches which are directly linked to legislative and agency
requirements
The agent’s liability for breach of contract and negligence
k) To ensure ethical conduct and practices are followed it is necessary to call on
specialist advice as required for specific situations. List the appropriate specialists
within your area you would call for assistance and advice to deal with:
Maintenance issues
White ant issues
Building plans
Building or land valuations
Questions regarding title or encumbrances
Section 4: Roles, Responsibilities and Employment Requirements
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It is important for both employers and employees working in property services to have a clear
understanding of the employment requirements, rights and responsibilities in the workplace
and conditions of work. Conduct the necessary research to address the points below:
l) Based on your own experience working within the industry, outline the personal
presentation and image which must be followed working at City Surf Real Estate to
meet industry and agency norms.
m) Research and list the industry award for persons working in the property services
sector in your state and in your role as a Property Sales Representative working on
commission only, list the sections in the award which covers minimum wages and
conditions.
n) List the section of the award which covers issues related to:
Salaries and commissions
Grievances and disputes
o) Briefly outline how the Common Incentive or Commission Scheme works at City Surf
Real Estate and how commissions would be calculated using this scheme.
p) Detail the responsibility all staff have regarding their professional development and
currency when working as a registered or licenced property services agent or
representative. Provide an example of the type of activities and training which could
be undertaken.
q) Outline the methods which can be used to plan organise and schedule tasks to meet
required timelines and provide examples of how to ensure that factors such as taking
deposits, completing applications, arranging property inspections and meeting
customer needs are completed.
Provide a screen shot of your current method for managing your work (e.g. diary,
online calendar)
Section 5: Risk Management
r) Provide a paragraph outlining the general risk management strategies which need to
be implemented when advising clients on sales, property management
Section 6: Understanding the Sales Process within a Real Estate Agency
One of the key areas of revenue for City Surf Real Estate is the sale of properties and in your
role as a Property Sales Representative you have a clear understanding of the process
which must be followed to meet both legislative and agency requirements. Jim has requested
that a guide is provided for all staff to establish the requirements in this key arear of the
business.
Using brief outlines and bullet points where applicable address each point below:
s) Requirements:
Types of characteristics of land tenure systems
Legislation which regulates the sale of properties
t) Checks which are conducted to ensure Certificate of Title is accurate
u) List the various types of listing opportunities which can be utilised by law
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v) List the methods of sale which can be implemented which meet legislative
requirements
w) Provide a bullet process for marketing and settling the sale of a property including the
receipt, recording and release of monies.
x) The purpose and terms of statutory statements which are required for the sale
y) Commissions payable to the agent and how they are calculated
Activity 2: Email to Jim Smyth
Having completed the Employee Real Estate Industry Guideline within the two week
timeframe you need to email the booklet to Jim so he can review the document and verify
your understanding of the legislative requirements and approve the booklet for distribution.
Using the template provided in Appendix D – Email, draft an email to Jim explaining the
purpose of the email and requesting his approval and verification of the content and your
knowledge.
Activity 3: Email to all City Surf staff
Jim has reviewed the guideline you developed and has verified your understanding of the
legislation and related industry practices which he would like all employees to have
knowledge of. Jim has requested that you email all employees informing them of the
guideline, its purpose and notify them that it is a requirement at City Surf for all employees to
read and understand all section within the booklet as part of their CPD.
Using the template provided in Appendix D – Email, draft an email to all employees notifying
them of the guideline and the requirements to be followed as provided by Jim.
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Checklist
You will need to complete the following:
Activity 1:
Employee Real Estate Industry Guideline
Research and Reference document
Activity 2:
Email to Jim Smyth
Activity 3:
Email to all City Surf employees
Note: The field boxes above are a self-checklist. Double click each check box to mark as
complete.
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Appendix A: City Surf Real Estate Agency - Company Profile
City Surf Real Estate Agency has been in operation for approximately two years. It is owned
and operated by Jim Smyth who is the licensee and auctioneer in charge and the business is
registered as a corporation.
A.C.N: 012 364 788
GST: Registered
PH: 0000 00000
Email: citysurf@micro.com
City Surf Real Estate prides itself on providing exceptional service within the residential and
commercial sectors of the industry, which consists of:
Residential:
Buying and selling of properties for non-business purposes including residential and
rural sales and vacant land sales
Management of residential rental properties including management of tenancies,
maintenance, repairs and inspections
Commercial:
Buying and selling of properties for business purposes including industrial, retail,
warehouse and office
Management of commercial properties (leasing) including management of tenancies,
maintenance, repairs and inspections
City Surf Real Estate is currently not operating within the holiday letting sector, although this
may be opportunity in the near future as there are continual enquires regarding this type of
letting.
City Surf Real Estate is committed to provide all clients with quality customer service, fast
and efficient processing of all documentation and continued support following the sale or
purchase of a property to foster ongoing and successful relationships.
Our property management services sector understands the need to maintain the standards
of each property and ensures that continuous contact is kept with both the lessor and lessee
at all times and arranges the repairs and maintenance of properties in a timely and efficient
manner.
City Surf Real Estate has several employees as outlined in the organisational chart below:
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Appendix B: Employee Real Estate Industry Guideline
Section 1: Estate Agency Operations
a) Provide a brief outline of the agency (sales person) principal relationship and the key
legislative requirements which must be met when enter into this type of relationship.
Principal agent relationship is an agreement which is made between an
agent and the principal which is a legal contract. This is defined as a
legal relationship of appointing an agent by principal who works on the
behalf of principal and representative of his property. The type of relation
between principal and sales person or agent is known as agency. Sales
person in real estate industry act as an agent which develop sales on
behalf of owner of property by developing an relationship between each
of them and following the relations of agency in commercial
environment.
b) Give an overview of the key responsibilities of the following key personnel working
within City Surf Real Estate and the registration and licencing requirements for each
role:
Real Estate Principal Agent
As per norms of NSW legislation following real estate personal should have
licence of working in New South Wales as per provision of Property, stock and
Business agent act of 2002 are:
License of real estate agent.
Registration for stock and station agent (Apply for a real estate agent
licence. 2017).
License for on-site residential property manager.
The role of all these to run an successful business of real estate in business
environment and more and more profit over property sales.
Accredited Auctioneer
To be an Auctioneer accreditation for stock and property the person should
have the licence of real estate or stock and station agent registration with
qualifying all required qualification of registration (Apply for an auctioneer
licence. 2017). the Auctioneer license holder is accredited with the statement of
attainment provide as per the norms of NSW fair trade act. Application form for
the accredited auctioneer can be received from the Australian Business licence
and attained from Fair trading of NSW.
Applications of this respective working personnel as Accredited auctioneer
should be posted to:
NSW Fair Trading: These defines the practices of fair trending which
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