• Internal Code :
  • Subject Code :
  • University :
  • Subject Name : Law

Task 2:

Office Quiz

Complaint 1:

Real Estate Agents Act, 2008, Applicability of section:

Section- 72 (a) and 72 (b): Unsatisfactory conduct.

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code), Applicability of rules:

Rule 6: Standards of professional conduct

Rule 9.2 Client and customer care

The issue reflects unsatisfactory misconduct.

Complaint 2:

Real Estate Agents Act, 2008, Applicability of section:

Section- 72 (d)- Unsatisfactory conduct

Section 50- Salespersons must be supervised

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code), Applicability of rules:

Rule 5.1: Standards of professional competence

Rule 8.3: Supervision and management of salespersons

Rule 9.14 Conflicts of interest.

The issue reflects unsatisfactory misconduct.

Complaint 3:

Real Estate Agents Act, 2008, Applicability of section:

Section- 73(b) Misconduct.

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code), Applicability of rules:

Rule 5.1 Standards of professional competence

Rule 6.1 Standards of professional conduct

Rule 6.2 Standards of professional conduct

The issue reflects misconduct.

Complaint 4:

Real Estate Agents Act, 2008, Applicability of section:

Section- 14(2) Code of professional conduct and client care.

Section- 127(1) Approved guide to be provided before agency agreement for residential property.

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code), Applicability of rules:

Rule 9.7 (a) Agency agreements and contractual documents.

Rule 9.7 (b) Agency agreements and contractual documents.

Rule 9.7 (c) Agency agreements and contractual documents.

The issue reflects that no further action is required.

Complaint 5:

Real Estate Agents Act, 2008, Applicability of section:

Section- 130 (1) Client may cancel sole agency agreement by 5 pm next working day.

Section- 130 (4) Client may cancel sole agency agreement by 5 pm next working day

Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code), Applicability of rules:

Rule 9.3 Client and customer care.

Rule 9.6 Client and customer care.

Rule 9.11 Client and customer care.

The issue reflects that no further action is required.

Task 3:

What’s Gone Wrong?

  1. By virtue of section 121 of the Real Estate Agents Act 2008, it is mandatory that while advertising agent has to put his name as well as a declaration that he is the licence holder under the provisions of the said act so that any person dealing with such an agency has been ensured that the agency is a legal entity and authorised to do the business of real estate agent. While printing the flyer Stacey has omitted the crucial information as to the name of the agency and license particular and therefore such flyers are not in accordance with the said act and need to be withdrawn. Else, it amounts to violation of above provision.

  2. Jason has changed the location of his office to another city and he did not inform to the real estate authorities of change of office address. The act of the omission is regulated by Section 67 of the Real Estate Agents Act, 2008, and it is mandatory for Jason to intimate the change of address and place of operation within 10 working days to the registrar under the said Act. Since Jason failed to do so, it is advised that he must immediately inform about change of office address, else as the provisions of Section 145 of the Real Estate Agents Act, 2008, will be attracted and it is possible that he may be liable on conviction for a fine up to $10,000 for such an omission.

  3. In ordinary course, the salesperson has to provide valuation report of the property to his client because the commission which he is charging includes the expenses of obtaining valuation report from a registered valuer. In the present case, the salesperson is related to the client and has come out with the proposal that the expenses to be incurred for obtaining the valuation report of the property could be saved and from that amount he can purchase some furniture for his sister Mary from the amount saved for obtaining the valuation report. There are two possibilities: First is that the salesperson is aware of valuation of the property of the area and he wanted to save some money and to give some benefit to his sister who is a single parent of three children in the form of purchasing furniture for her. Second, if the valuation report is not obtained by the salesperson then the client has the option to cancel the deal. In the present case, the client and the salesperson have a relationship of brother and sister, and, it is quite obvious that the brother is looking after the interest of a sister and the sister Mary may have better option for not obtaining the report of registered valuer. In this case, there is irregularity but not illegality and therefore, I don't think that there will be any action against the salesperson Joel.

Applicability of Section 135 of the Real Estate Agents Act, 2008 and Section 5 and Form 2 of the Real Estate Agents (Duties of Licensees) Regulations, 2009.

Task 4:

Complaints Process

Mr Jenkins has a grievance that Cameron, the salesperson, has misrepresented the property and has been seriously financially disadvantaged. To deal with the grievance of Mr Jenkins, it is necessary for the salesperson to explain him the procedure for redressal of the grievance. It is mandatory on the licensee under section 12 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules, 2012, that in house procedure should be in place for dealing with such a grievance. Hence, Mr Jenkins can have option to make a complaint to the agent and if he is not satisfied, then he can make a complaint to the Complaints Assessment Committee. Mr Jenkins should also be advised by the agent that there is option to either opt for internal procedure of grievance wherein his complaint can be addressed in in house procedure or he can straight away go to Complaints Assessment Committee and make the complaint there within 10 working days.

Remember, at the center of any academic work, lies clarity and evidence. Should you need further assistance, do look up to our Law Assignment Help

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