Assessor Resource

CPPDSM4021A
Sell and finalise sale of rural property by private treaty

Assessment tool

Version 1.0
Issue Date: March 2024


This unit of competency supports the work of licensed stock and station agents and stock and station representatives or certificate holders involved in selling rural property using general property sales procedures and techniques and managing the sale process to settlement.

This unit of competency specifies the outcomes required to sell rural property by private treaty and manage the contract for sale to settlement. It includes qualifying buyers, arranging for potential buyers to inspect listed properties, delivering effective sales presentations, submitting offers, negotiating property sales with sellers and buyers, and maintaining communication with sellers and prospective buyers. It also includes monitoring the lodgement of documents for the correct transfer of ownership required for a legal sale of rural property and preparing documentation for agency disbursements. The unit does not include the sale of rural property by auction.

The unit may form part of the licensing requirements for persons engaged in stock and station agency activities in those States and Territories where these are regulated activities.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Nil


Employability Skills

The required outcomes described in this unit of competency contain applicable facets of employability skills. The Employability Skills Summary of the qualification in which this unit of competency is packaged, will assist in identifying employability skills requirements.




Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, the range statement and the Assessment Guidelines for this Training Package.

Overview of assessment

This unit of competency could be assessed through practical demonstration of selling different types of rural property, monitoring the lodgement of documents for the correct transfer of ownership required for a legal sale of rural property, and preparing documentation for agency disbursements. Targeted written (including alternative formats where necessary) or verbal questioning to assess the candidate's underpinning knowledge would provide additional supporting evidence of competence. The demonstration and questioning would include collecting evidence of the candidate's knowledge and application of ethical standards and relevant federal, and state or territory legislation and regulations. This assessment may be carried out in a simulated or workplace environment.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

A person who demonstrates competency in this unit must be able to provide evidence of:

arranging and conducting property inspections for potential buyers

completing standard and statutory documentation associated with the sale of rural property

knowledge and application of approaches for qualifying buyers

knowledge of agency practice, ethical standards and legislative requirements affecting the sale of rural property, the transfer of ownership required for the legal sale of rural property and agency disbursements

knowledge of consumer protection principles that affect the sale of rural property

maintaining business records associated with the sale of property

maintaining communications with sellers and buyers throughout the sales process

negotiating the sale of property with sellers and buyers

planning and delivering effective sales presentations to facilitate sale of rural property

managing contracts for sale of rural property to settlement

monitoring the lodgement of documents for the correct transfer of ownership required for a legal sale of all types of rural property and businesses

preparing documentation for agency disbursements.

Context of and specific resources for assessment

Resource implications for assessment include:

access to a registered provider of assessment services

access to suitable simulated or real opportunities and resources to demonstrate competence

assessment instruments that may include personal planner and assessment record book.

Where applicable, physical resources should include equipment modified for people with disabilities.

Access must be provided to appropriate learning and/or assessment support when required.

Assessment processes and techniques must be culturally appropriate, and appropriate to the language and literacy capacity of the candidate and the work being performed.

Validity and sufficiency of evidence require that:

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the person's competence

all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence

where assessment is for the purpose of recognition (RCC/RPL), the evidence provided will need to be current and show that it represents competency demonstrated over a period of time

assessment can be through simulated project-based activity and must include evidence relating to each of the elements in this unit.

In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge. Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions, and will reflect the requirements of the competency and the work being performed.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

This section describes the essential skills and knowledge and their level, required for this unit.

Required skills:

ability to communicate with and relate to people from a range of social, economic and cultural backgrounds and with varying physical and mental abilities on matters associated with sale of rural property

analytical skills to interpret documents such as contracts, legislation and regulations

application of risk management strategies associated with the sale of rural property

computing skills to access agency databases, send and receive emails and complete standard forms online

decision making and problem solving skills to analyse situations and make decisions consistent with legislative and ethical requirements associated with sale of rural property

literacy skills to access and interpret a variety of texts, including legislation, regulations and contracts; prepare general information, papers, formal and informal letters, reports and applications; and complete standard and statutory forms

negotiation skills to assist sellers and buyers to reach agreement on price and conditions of sale of rural property

numeracy skills to perform calculations associated with rural property sales

planning, organising and scheduling skills to make appointments with sellers and buyers in the process of selling rural property

research skills to identify and source documents and information related to sale of rural property.

Required knowledge and understanding:

agency disbursements, including:

authorisations, signatures and identifications that must be obtained prior to disbursement

calculation and protection of agency fees during disbursement activities

documentation for agency disbursements

financial transactions that take place at settlement

consumer protection principles that impact on the sale of rural property, including:

cooling off provisions

false representation and misleading conduct in relation to the sale of land

impact of consumer protection legislation on contracts

insurance provisions

penalties and remedies for breaches

protection offered for consumers

rights and obligations of agents

secret commissions

contracts for sale of rural property, including:

chattels and fixtures

contract inclusions, such as pasturing of livestock, clearing of timber, verification of equipment specifications, irrigation equipment, trailers, pipes, machinery, fencing materials and electric fencing components

contract requirements for special circumstances, such as providing finance

defects in property

defects in title

affect of acceptance of title

implied matters

prescribed or permitted forms

requisitions on title

special conditions, such as insurance, natural increases, timber, crops, water licences, permissive occupancy, possession prior to completion or depasturing

deposit funds, including:

capacity in which an agent holds deposit moneys

circumstances in which deposit moneys may be released by the agent to the seller

procedures an agent must follow when receiving deposit funds from a buyer

ethical and conduct standards

general legal principles that affect property law relating to the sale of rural property, including:

adverse possession

contracts

easements

fee simple and life estates

mortgages

real and personal property

restrictive covenants

the general law system and the Torrens system of title

types of interest in land

insurance

marketing aids

methods of sale, such as:

auction

off the plan

private treaty

reverse auction

specialised properties

tender

negotiation techniques

property inspections

property knowledge, including:

cropping properties: yields, seasons, types of crops, soils, facilities such as grain storage and transport, diseases and rotational cropping

dairies: quotas, breeds, lactation, dairy layout and equipment and conversion factors, such as dairy set up, herd, access and distance to market

general: local market conditions, trends in sector and industry, land titles, geophysical and topographical characteristics, carrying capacity and local land characteristics

grazing properties: dry sheep equivalent (DSE)/carrying capacity, pastures, soil types and breeds

irrigated properties: water licence availability, soil types, topography and types of reticulation, such as flood, drip, direct or row cropping

water

qualifying buyers

relevant federal and state or territory legislation and local government regulations related to:

animal health

anti-discrimination

aquaculture

consumer protection

crown land

environmental issues

equal employment opportunity (EEO)

financial probity

franchises and business structure

industrial relations

livestock

native title

OHS

privacy

rural property sales, leasing and management

taxation

water rights

rural property sales, including:

after sales procedures

agency and statutory documentation

sales presentation

settlement, including:

buyer's rights to inspect property prior to settlement

contingencies that may emerge prior to settlement and actions that can be taken to avoid one or more parties being unable to fulfil contractual obligations

forms prepared at settlement

procedures for handling possible deterioration of stock, chattels and property if the sale fails to complete

procedure for settling the sale of property

responsibilities of sellers and buyers

responsibility of sellers and buyers with regard to building and content insurance prior to settlement

rights of sellers and buyers if either party is unable to settle on due date

techniques for identifying needs and motivations of buyers

trust accounting.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Enquiries from potential buyers may be received through:

email

inspections

office

open houses

referral

telephone

website.

Rural property may include:

commercial

farm, including:

acreage

aquaculture

cropping

dairy

grazing

hobby farm

horticulture

mixed uses

olive

orchard

trees and forests

viticulture

industrial

residential

retail

water.

Appropriate rapport relates to use of techniques that:

establish and build confidence and trust in the agency and its representatives

make the buyer feel valued

promote and maintain an effective relationship with buyer.

Buyer requirements may include:

access to transport and facilities

access to suppliers and markets

finance

location

price

purpose of purchase, including:

business

farming activities

holiday

investment

private residence

water

settlement period

size and style of property

zoning.

Appropriate interpersonal communication techniques may include:

active listening

providing an opportunity for the buyer or seller to clarify understanding of the sales process

soft questioning and seeking feedback from sellers or buyers to confirm own understanding of their needs and expectations

summarising and paraphrasing to check understanding of seller or buyer's message

using appropriate body language.

Factors likely to influence purchase of rural properties may include:

climatic

economic

historical

political

seasonal

technological.

Legislative requirements may include:

relevant federal and state or territory legislation and local government regulations related to:

animal health

anti-discrimination

aquaculture

consumer protection

crown land

environmental issues

EEO

financial probity

franchises and business structure

industrial relations

livestock

native title

OHS

privacy

rural property sales

taxation

water rights.

Promotional material may include:

agent and agency profile

brochures and pamphlets

posters

property descriptions

web page entry.

Effective questioning techniques may include:

active listening

clarity of questions

different question types

reflection

using silences.

Records of inspection may include:

buyer reaction to property

buyer requirements

name and contact details of potential buyers.

Factors affecting the successful conclusion of the sale may include:

area and environment in which the property is located

availability of comparable properties

circumstances of buyer or seller

marketing preferences of seller

professional skills and resources of agent

state of the market for type of property

type and condition of property.

Key decision makers may include:

buyer's agent

business associates

executors

family members

financiers

friends of buyer

providers of professional advice, such as:

accountants

building advisers

financial advisers

legal representatives

rural property advisers

spouse or partner

trustees.

Presentation may include:

active listening

appearance

body language

use of information technology, such as website, virtual tours and online databases

use of support and promotional materials

voice.

Effective negotiation techniques may include:

analytical skills

listening techniques

non-verbal communication skills

personal attributes

presentation techniques

questioning techniques

speaking skills.

Effective techniques used for dealing with conflict and breaking deadlocks may include:

calling in a third party

clarifying the positions of both parties

deferring the decision

preparing a compromise

restating the position

summarising the progress to date.

Effective techniques used for closing sale may include:

alternate option close

assumption close

competition close

customer close

deal or concession close

direct close

indirect close

summary-of-benefits close

time-driven close.

Sale of property documentation may include:

agency agreement

contract of sale, contract note or contract for the sale of businesses

contract inclusions, such as pasturing of livestock, clearing of timber and verification of equipment specifications

declaration of selling agent

financial statement to buyer

receipt for deposit

special conditions, including insurance, natural increases, timber, crops, water licences, permissive occupancy, possession prior to completion and depasturing

vendor's statement and trading statement.

Settlement requirements may include:

buyer settlement responsibilities include:

anything new the lender requires, such as a notice of acquisition or a disbursement order

bank cheques for the balance of purchase money plus or minus adjustments

seller settlement responsibilities include:

any other documents necessary to provide a clear title to the buyer, such as discharge of mortgage, withdrawal of caveats and change of name declaration

disconnection of services, such as water, gas, electricity and telephone

keys

notify rating and taxation authorities of sale

title

transfer of land

value of land and chattels.

Deposit funds may refer to:

capacity of agent to hold

capacity of agent to release to seller.

Settlement agents and other assisting professionals may include:

accountants

conveyancers

financiers and financial institutions

landlords, managing agents and owners

legal advisers

licensed settlement agents.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Enquiriesfrom potential buyers regarding purchase of rural property are handled promptly to enable high quality service delivery according to agency requirements. 
Appropriate rapport is established with potential buyer. 
Buyer requirements are clarified and accurately assessed using appropriate interpersonal communication techniques. 
Factors likely to influence purchase of rural properties are identified and used to confirm buyer's intentions. 
Potential buyers are provided with information about available and prospective listings and assisted to find the listing that best matches their requirements. 
Potential buyers are assisted in making a decision to view properties using information obtained from sellers and buyers. 
Qualified prospects are recorded to maximise future marketing activities. 
Appointments are made for property inspections in line with agency practice, ethical standards and legislative requirements. 
Preparations are made for property inspection in line with agency practice. 
Promotional material on the property is used to describe main sales features of property. 
Effective questioning techniques are used to clarify buyer interest in property. 
Records of inspection are accurately completed in line with agency practice. 
Seller confidence in agency marketing activities is maintained through ongoing contact and correspondence. 
Communication is diarised to provide an accurate and objective record of progress reports to seller. 
Factors affecting the successful conclusion of the sale are identified and addressed in the sales presentation. 
Key decision makers are identified to ensure that their needs and concerns are met in sales presentation. 
Main features of rural property are matched to buyer's stated needs and motivations. 
Relevant legal and financial information is used to support sales presentation. 
Effective communication and presentation skills are used to create buyer interest and focus buyer attention on property. 
Buyer is given time and space to evaluate rural property while time is used to maximum advantage to promote property. 
Buyer is encouraged to clarify key aspects of property before a decision is made to purchase property. 
Buyer questions are answered fully and honestly. 
Details of offer to purchase property submitted by buyer are confirmed and documented. 
Offer from buyer is submitted to seller in line with agency practice, ethical standards and legislative requirements. 
Professional agency advice is provided to seller that incorporates declared knowledge of buyer's motivations. 
Negotiations are conducted with buyer according to seller response in a professional manner and showing respect for seller and buyer in line with agency practice, ethical standards and legislative requirements. 
Effective negotiation techniques are used to persuade and reach agreement between seller and buyer. 
Alternative offers are discussed and their viability assessed. 
Effective techniques are used for dealing with conflict and breaking deadlocks where required. 
Effective techniques are used for closing sale. 
Mutually agreed price and conditions of sale are established and confirmed with seller and buyer in writing in line with agency practice. 
Relevant sale of property documentation is explained to seller and buyer in line with agency and statutory requirements for finalisation of property transaction. 
Documented agreed price and conditions of sale are made accessible that provide an accurate record of agreement and meet agency and statutory requirements for finalisation of property transaction. 
Settlement requirements are identified and checked with relevant parties to minimise misunderstanding or breaches of contract in line with agency practice and legislative requirements. 
Requests from buyer to inspect rural property prior to settlement are facilitated in line with agency practice and legislative requirements. 
Information on buyer and seller responsibilities with regard to building and content insurance prior to settlement is provided in line with agency practice and legislative requirements. 
Procedures for the holding and release of deposit funds during the settlement period are implemented in line with agency policy and legislative requirements. 
Settlement within the contract's legal framework is ensured by liaison with settlement agents and other assisting professionals representing the seller and buyer. 
Contingency plans are prepared in consultation with relevant legal agents to avoid the possibility of one or more parties to the transaction being unable to fulfil contractual obligations. 
Appropriate procedures are implemented if one or more parties to the transaction are unable to fulfil contractual obligations. 
Effective communication techniques are used in liaising with seller, buyer or other parties representing the seller and buyer through the settlement process. 
Progress of settlement agents and other assisting professionals is monitored in line with agency practice. 
Settlement financial transactions are checked for accuracy against contractual documentation. 
Agency fees are calculated and safeguarded during disbursement activities. 
Authorised agency disbursements are obtained within contractual, agency and statutory requirements. 
Financial systems are updated to reflect authorised transactions. 
Due and proper attention is paid to obtaining required authorisations, signatures and identifications prior to disbursement. 
Nature of future contact with prospects is assessed in light of likely future agency-client interaction. 
Business correspondence records are held on file to provide justification for the continuation or termination of contact, and are communicated without prejudice to the parties involved. 
Business relationships are established and maintained by mutual evaluation of seller and buyer satisfaction with services provided. 
Business records and databases are updated to facilitate networking and inform marketing strategy planning. 

Forms

Assessment Cover Sheet

CPPDSM4021A - Sell and finalise sale of rural property by private treaty
Assessment task 1: [title]

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Assessment Record Sheet

CPPDSM4021A - Sell and finalise sale of rural property by private treaty

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

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