CPPREP4002 - Case Studies v1

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Academy of Real Estate *

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CPPREP4002

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Business

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Jan 9, 2024

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docx

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CPPREP4002 – Access and interpret ethical practice in real estate (Release 1) Case Studies Case Studies Page | 1 of 9 © Real Estate Academy Australia RTO 32426 Version 1.6 – May 2021

CPPREP4002 – Access and interpret ethical practice in real estate (Release 1) Case Studies What you need to do: As you have already learned from the previous unit CPPREP4003 - Access and interpret legislation in real estate (Release 1), accessing, reading, interpreting and applying legislation is an integral part of your role in real estate practice. For the following assessment task, you will once again be required to access, read, interpret and apply legislation. Read each case study below and respond to the questions considering which legislation (name of Act or Regulation) is being breached in each scenario. Refer to the relevant Acts and regulations of legislation that are directly and indirectly relevant to each scenario and ensure you refer to the sections of legislation that you interpreted and applied to each case study. There are multiple sections of legislation that are relevant in some of the questions. Examples of legislation you will need to consider includes but is not limited to Commonwealth legislation such as; ● Privacy Act 1988 (Cth) ● Competition and Consumer Act 2010 (Cth) You will also need to refer to the legislation relevant to your state or territory as covered in Learner Guide CPPREP4003. You are required to answer all questions correctly. If correct, you will see ‘Satisfactory’ written in your grades section next to the assessment name. If incorrect, you will see ‘Not Satisfactory’. After grading your working, the assessor will provide you with a Record of Results to identify any skills gaps and feedback regarding any required re-submissions. How to Submit your Assessment: Upload your completed document into your learner portal as per the instructions with the assessment task. You can drag and drop the file into the window or use the add file icon in the top left of the submission window and select the file you wish to upload by using the browse/choose file option. Click on “finish attempt” to submit it for grading. Page | 2 of 9 © Real Estate Academy Australia RTO 32426 Version 1.6 – May 2021

CPPREP4002 – Access and interpret ethical practice in real estate (Release 1) Case Studies Case study 1 Chris is the principal Licensee at City Real Estate. He has built the agency over the last six years and he has established a strong client base and reputation within the local region. He has several experienced employed sales agents and agents holding their registration certificate working for the agency. Bethany has been working as administration manager for City Real Estate since its inception and has worked closely with Chris to build the business. She displays a keen interest in the real estate industry and over the years has developed an excellent working knowledge of various aspects of an agent’s role. She has decided to undertake training to obtain her registration certificate. Chris was recently offered a teaching position at a local TAFE. As a result, he is spending less time in the office, sometimes not coming into the office for days in a row. He is confident that the staff will continue to provide excellent service. Last week one of the agents responsible for property management resigned and Chris has asked Bethany to conduct some urgent rental property inspections and prepare the condition reports. a) Which section(s) of the legislation have been breached under the relevant Act. You must name the legislation and relevant section in your answer. Property and Stock Agent Act 2002 Division 1 Requirement for licence or certificate of registration 8 Agents required to be licensed (1) An individual must not act as or carry on the business of (or advertise, notify or state that the individual acts as or carries on the business of, or is willing to act as or carry on the business of) (a) a real estate agent, unless the individual is the holder of a real estate agent's licence 10 Assistant agents require certificate of registration (1) A person must not do any of the following things unless the person is the holder of a certificate of registration 11A Person carrying on business of agent to ensure staff exercising regulated functions hold licence or certificate A person carrying on the business of an agent must not make use of the services of another person (a service provider) to exercise any regulated functions in the course of the business unless (a) the person is the holder of a licence that authorises the regulated functions concerned to be exercised by the person, and (b) the service provider is the holder of a licence or a certificate of registration that authorises the service provider to exercise the regulated functions concerned, and (c) in the case of a service provider required to hold a certificate of registration to exercise the regulated functions concerned—the service provider is an employee of the person Page | 3 of 9 © Real Estate Academy Australia RTO 32426 Version 1.6 – May 2021

CPPREP4002 – Access and interpret ethical practice in real estate (Release 1) Case Studies b) What advice would you give Bethany and Chris? I would give Bethany the advice to complete the agent training and get a valid license immediately and that it is safer to perform the inspection with a valid license, also informing her on the consequences associated with breaching the law. I would advise Chris to allow Bethany to stay in the office until she to completes the training for her valid license reminding him also on the consequences associated with breaching the law. c) How will any breach of the Act impact on Bethany’s eligibility to obtain her registration certificate? Any Breach could potentially result in Bethany receiving fines and/pr imprisonment therefore not being able to obtain a real estate license. When in breach of the Act there are penalties involved and these could negatively affect Bethany's eligibility to obtain her registration certificate. If the matter was referred to the office of Fair Trading there could be disciplinary actions taken and depending on the severity of the breach, she might even be disqualified from obtaining her certificate of registration. Case study 2 Marissa is an agent holding her registration certificate with ABC Real Estate. Graham is looking to purchase an apartment in an inner-city suburb and has shown keen interest in a small apartment that Marissa has listed. Graham tells Marissa that he is “looking for an apartment in a quiet area” as he works night shift and needs to sleep during the day, especially on weekends. Marissa is excited because this apartment has been listed for over two months and she really wants to close the sale before she goes on holiday next month. However, she knows that the apartment block backs on to a street that has a church. Each Sunday morning, church bells are rung, and the area can become quite noisy as people come and go. Should Marissa tell Graham about the church? Which section of the Act relates to this situation? Discuss the legal and ethical issues relating to this scenario. What advice would you give Marissa? Page | 4 of 9 © Real Estate Academy Australia RTO 32426 Version 1.6 – May 2021

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