Real Estate Agents Act 2008 FAQs and Staff Training Scenarios

Recruitment and FAQs

ask 1: Recruitment and FAQsYour first duty is to help update the agency’s website page for ‘Frequently Asked Questions’ (FAQs). The Branch Manager, Jane Kato, has recently been receiving a high volume of enquiry from members of the public considering a career in the real estate industry. She is hoping to eliminate some of the repetitive questions getting directed her way and will also use the questions and responses as part of the training sessions for the sales team.()Jane has asked you to outline and explain the answer to the following questions that relate to licensing issues referencing, the relevant section(s) and any sub-section(s) of the Real Estate Agents Act 2008 that apply.i.I want to have a career in real estate. Can I apply to be a salesperson as soon as I finish school? I would have just turned 18.ii.I had my real estate licence cancelled four years ago because I did not complete my verifiable training (continued professional development). I didn’t mind at the time as I was going to travel overseas, but now that I am home, I think I will get back into the industry. Can I just re-apply for my licence?iii.I am excited to be starting work as a new salesperson next week. But also, very worried that I will make a mistake and breach my obligations under the REA Act and Code. Is there someone at the Agency who will be responsible for supervising me in my role as a salesperson?iv.I have just completed my salesperson’s course and want to become a BranchManager. My goal is to work as a salesperson for a maximum of two yearsand then apply for any Branch Manager positions that come available. Is it 33© TheOpenPolytechnicofNewZealand Ltdlikely I would be considered if I have only been a salesperson for two years? Ihave had eight years’ experience managing a large telemarketing company.v.My wife is looking at taking maternity leave for 12 months and won’t be usingher real estate (salesperson) licence. Can I have it transferred into my nameso I can manage the business for her, and then transfer it back into her name when she returns to work?Task 2: Questions for Staff Training SessionsThe branch Manager, Jane, has asked you to help her prepare some scenarios that she can use in her weekly meetings as on-going training for her sales team. She has recently overheard some interesting discussions in the office between the sales team and thinks it’s time to upskill and remind everyone of their duties and obligations under the Real Estate Agents Act 2008 and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code).Jane has drafted the following scenarios based on complaints and positive feedback she has experienced during her career. She would like you to prepare the example answers so she can include them in the upcoming training sessions.Read the following scenarios, then:•State the legislation that applies to the situation (name the section(s) of the Act and rules of the code that have been breached, or that have been complied with), and•Identify whether each issue is likely to reflect:omisconduct, or ounsatisfactory conduct, or ono further action is required.(if unsatisfactory or misconduct apply, also identify the section that relates) 44© TheOpenPolytechnicofNewZealand LtdComplaints:i.We decided to sell our property without a price, ‘by negotiation’. The salesperson knew that our price expectation was upwards of $950,000 but he knowingly allowed a website listing to indicate a price range starting at$750,000. We thought that was very misleading for the purchasers who were wanting to make offers and very frustrating for us as the offers we received were well under our expected sale price.Task Identify three rules from the Code that are relevant:•Justify whether misconduct or unsatisfactory conduct or no further action applies (if unsatisfactory or misconduct applies, also identify the section that relates).ii.We had been searching for property in Ferngully for months when we got a call from a salesperson to say he had just listed a property that would be perfect for us. He said that we would have to be quick as it was going to be advertised on his agency's website in a few days and that we should view it quickly and make an offer if we liked it. He explained that we couldn’t view inside yet, but we could take a drive past and look from the street. He also sent us an email with all the property description and information. We raced around to view and it was exactly what we had been looking for. We rang the salesperson back and told him we were super keen and wanted to view as soon as possible so that we could make an offer. A few hours later he returned our call to say the owners had changed their mind and didn’t want to sell. It turned out that he didn’t even have a signed agency agreement in place.Task Identify one section from the Act and three rules from the Code that are relevant.Justify whether misconduct or unsatisfactory conduct or no further action applies (if unsatisfactory or misconduct applies, also identify the section that relates