RES420 Fundamentals of Real Estate/A3

Assignment

3 RES420 Fundamentals of Real

1
Estate
1
Assignment 3 Task 1 Answer sheet

Use this answer sheet to record your answers to Assignment 3. Save this
document, then submit it through the assignment submission link on the Online
Campus.

Scenario Questions Answers

1 a. What, if anything, has been The sales person had done false or
done wrong by the misleading advertising which led to client’s
salesperson? being annoyed and disappointed.

b. What legislation (if any) has Fair Trading Act

been breached? (Identify the - Misleading advertising
section and subsection as
required). Note, more than
one Act may apply in some
situations.

c. Has the Real Estate Agents
Act (Professional Conduct
and Client Care) Rules 2012
(the Code) been breached? If
so, state the rule(s) that
apply.
Client Care and dealing with customer clause
has been breached.
- Clause 9.16 which states licensee
must not advertise any land or
business on terms that are different
from those advertised by the client.

d. What organisation(s) would Complaints are made to the Authority and

deal with such an issue, and
why?
2 a. What, if anything, has been
done wrong by the
salesperson?
decisions are made by Complaints
Assessment Committee. In case the complaint
is made in the Tribunal, it is addressed by
Real Estate Agents Disciplinary Tribunal.
The salesperson, did not fulfil his job
responsibilities by denying to do the appraisal
of the property just because the client had an
year old Registration Valuation.

b. What legislation (if any) has Consumer Guarantees Act

been breached? (Identify the - Poor quality or incomplete work
section and subsection as
required). Note, more than
one Act may apply in some
situations.

c. Has the Real Estate Agents Clause 10 – Client and customer care for
Act (Professional Conduct seller’s agent
and Client Care) Rules 2012 Subsection – Appraisals and Pricing
(the Code) been breached? If
so, state the rule(s) that
apply.

d. What organisation(s)s would
deal with such an issue, and
why?
a. What, if anything, has been
done wrong by the
salesperson?
b. What legislation (if any) has
been breached? (Identify the
section and subsection as
required). Note, more than
one Act may apply in some
situations.
c. Has the Real Estate Agents
Act (Professional Conduct
and Client Care) Rules 2012
(the Code) been breached? If
so, state the rule(s) that
apply.
d. What organisation(s)s would
deal with such an issue, and
why?
4 a. What, if anything, has been
done wrong by the
salesperson?
b. What legislation (if any) has
been breached? (Identify the
section and subsection as
required). Note, more than
one Act may apply in some
situations.
c. Has the Real Estate Agents
Act (Professional Conduct
and Client Care) Rules 2012
(the Code) been breached? If
so, state the rule(s) that
apply.
d. What organisation(s) would
deal with such an issue, and
why?
© The Open Polytechnic of New Zealand
RES420 Fundamentals of Real Estate/A 3 task sheet
Real Estate agency will be involved because
its’ salesperson did a mistake. The Authority
would be involved if the complaint is made to
it. Complaints Assessment Committee would
be involved to make decisions.
Tribunals would be involved if the matter
proceeds to it.
The Salesperson did not explicitly tell the
buyers about the extra costs that they would
have to incur when buying the property.
Consumer Rights
- Right of correct pricing and all the
extra costs.
Rule 11 – Client and customer acre for buyers’
agents.
Rule 8 – Duties and obligations of agents
Real Estate agency will be involved because
its’ salesperson did a mistake. The Authority
would be involved if the complaint is made to
it. Complaints Assessment Committee would
be involved to make decisions.
Tribunals would be involved if the matter
proceeds to it.
The Salesperson had done misleading / false
advertising
Fair trading Act
- Misleading advertising
Rule 6 – Standards of Professional conduct
Rule 9 – Client and customer care
Real Estate agency will be involved because
its’ salesperson did a mistake. The Authority
would be involved if the complaint is made to
it. Complaints Assessment Committee would
be involved to make decisions.
2

5 a. What, if anything, has been
done wrong by the
salesperson?
b. What legislation (if any) has
been breached? (Identify the
section and subsection as
required). Note, more than
one Act may apply in some
situations.
c. Has the Real Estate Agents
Act (Professional Conduct
and Client Care) Rules 2012
(the Code) been breached? If
so, state the rule(s) that
apply.
d. What organisation(s)s would
deal with such an issue, and
why?
6 a. What, if anything, has been
done wrong by the
salesperson?
b. What legislation (if any) has
been breached? (Identify the
section and subsection as
required). Note, more than
one Act may apply in some
situations.
c. Has the Real Estate Agents
Act (Professional Conduct
and Client Care) Rules 2012
(the Code) been breached? If
so, state the rule(s) that
apply.
d. What organisation(s)s would
deal with such an issue, and
why?
7 a. What, if anything, has been
done wrong by the
salesperson?
© The Open Polytechnic of New Zealand
RES420 Fundamentals of Real Estate/A 3 task sheet
Tribunals would be involved if the matter
proceeds to it.
The Salesperson did not give “New Zealand
Residential Property Agency Agreement
Approved Guide” and also did not advise them
to seek legal advice before signing the
agreement.
Employee code of conduct
Consumer rights to information
Rule 8 – Duties and obligations of agents
Rule 10 – Client and customer care for seller’s
agents
Real Estate agency will be involved because
its’ salesperson did a mistake. The Authority
would be involved if the complaint is made to
it. Complaints Assessment Committee would
be involved to make decisions.
Tribunals would be involved if the matter
proceeds to it.
The salesperson had misguided the buyers by
falsely assuring the rent amount. There are no
proofs of the Valuation of the property
Consumer Protection from unfair trading
practices.
Employee Code of Conduct
Client and customer care for buyer’s agents
Duties and obligation of agents
Real Estate agency will be involved because
its’ salesperson did a mistake. The Authority
would be involved if the complaint is made to
it. Complaints Assessment Committee would
be involved to make decisions.
Tribunals would be involved if the matter
proceeds to it.
The salesperson has wrongly represented a
part of neighbour’s land as included in the
property on sale.
3
 RES420 Fundamentals of Real Estate/A 3 task sheet

b. What legislation (if any) has Fair Trading Act

been breached? (Identify the - False or misleading representations
section and subsection as
required). Note, more than
one Act may apply in some
situations.

c. Has the Real Estate Agents Employee Code of Conduct

Act (Professional Conduct Client and customer care for buyer’s agents
and Client Care) Rules 2012 Duties and obligation of agents
(the Code) been breached? If
so, state the rule(s) that
apply.

d. What organisation(s)s would Real Estate agency will be involved because

deal with such an issue, and its’ salesperson did a mistake. The Authority
why? would be involved if the complaint is made to
it. Complaints Assessment Committee would
be involved to make decisions.
Tribunals would be involved if the matter
proceeds to it.

© The Open Polytechnic of New Zealand 4