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Elements and Performance Criteria

  1. Establish buyer requirements.
  2. Confirm engagement of agency by buyer.
  3. Source properties that meet buyer requirements.
  4. Negotiate purchase of property on behalf of buyer.
  5. Monitor settlement of sale.
  6. Maintain communication with relevant parties.

Required Skills

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

Required skills

ability to communicate with and relate to a range of people from diverse social economic and cultural backgrounds and with varying physical and mental abilities

analytical skills to interpret documents such as legislation regulations sale authorities reports from professional service providers and contracts

application of risk management strategies associated with advising buyers on selection of properties

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

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

negotiation skills to reach agreement with sellers and real estate agents acting on behalf of sellers on the price and conditions of sale of property

numeracy skills to calculate and interpret data such as agency fees for the provision of services to buyers

planning organising and scheduling skills to undertake workrelated tasks such as inspecting properties

research skills to identify and locate documents and information relating to property sales

Required knowledge and understanding

consumer protection principles that impact on the sale of property including

cooling off provisions

false representations 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 estate agents

secret commissions

ethical and conduct standards

general legal principles that impact on property law relating to the sale of property including

adverse possession

contracts

easements

fee simple and life estates

general law system and the Torrens system of title

mortgages

real and personal property

restrictive covenants

types of interest in land

insurance

methods of sale including

auction

off the plan

private treaty

reverse auction

set sale

specialised properties

tender

negotiation techniques

property inspections

property sales including

aftersales procedures

agency and statutory documentation

relevant federal and state or territory legislation and local government regulations relating to

antidiscrimination and equal employment opportunity

consumer protection fair trading and trade practices

employment and industrial relations

environmental issues

financial services

franchises and business structure

OHS

privacy

property sales

risks and risk management strategies

role and responsibilities of buyers agents including

act in clients best interests

client authority

confidentiality

conflict of interest

fair trading

fiduciary obligations

inducements

knowledge of legislation

licensing

obtain best possible purchase price

privacy

referral of buyer to service providers

rights and duties

Evidence Required

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 acting as a buyers agent and representing buyers in the purchase of properties Targeted written including alternative formats where necessary or verbal questioning to assess the candidates underpinning knowledge would provide additional supporting evidence of competence The demonstration and questioning would include collecting evidence of the candidates 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

confirming buyer engagement of the agency in line with agency practice ethical standards and legislative requirements

establishing buyer requirements in line with agency practice ethical standards and legislative requirements

knowledge of agency practice ethical standards and legislative requirements affecting the sale or purchase of properties

maintaining communication with sellers and buyers

monitoring settlement of the sale in line with agency practice ethical standards and legislative requirements

negotiating the purchase of property on behalf of the buyer in line with agency practice ethical standards and legislative requirements

sourcing properties that meet buyer requirements in line with agency practice ethical standards and legislative requirements

Context of and specific resources for assessment

Resource implications for assessment include

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

assessment instruments that may include personal planner and assessment record book

access to a registered provider of assessment services

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

Access must be provided to appropriate learning andor 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 persons 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 RCCRPL 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 projectbased 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


Range Statement

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 buyers may be received through:

email

inspections

office

open houses

referral

telephone

website.

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 the buyer.

Buyer requirements may include:

access to transport and facilities

finance

location

price

purpose of purchase, including:

business

holiday

investment

private residence

settlement period

size of property

style of property.

Appropriate interpersonal communication techniques may include:

active listening

providing an opportunity for sellers or buyers to clarify their 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 message

using appropriate body language.

Agency services may include:

auction bidding

identifying client requirements

monitoring settlement

negotiating purchase

property search and selection.

Fee structure may include:

engagement fee

standard fee for particular services, such as bidding at auction

variable fee, such as percentage of purchase price.

Informationon properties that meet buyer requirements may be obtained from:

advertisements

business brokers

licensed real estate agents

property developers

private listings

professional and business networks

property websites

stock and station agents.

Reliable methods may include:

checklists

cost data analysis

expert and peer review

interviews

observation

property inspection

questionnaires

reports

review of quality assurance data

search of local government records.

Relevant people may include:

architects

building consultants

clients

colleagues

consumers

government officials

industry professionals and members of industry associations

legal representatives

licensed real estate agents

planners

professional service providers

property developers

supervisors

tradespeople.

Verifiable evidence may include:

guarantees for work performed

inspection checklists, records and notes

plans and specifications

property reports

qualitative and quantitative data

sales figures

visual assessment of the physical and aesthetic aspects of the property.

Specialist advice may include:

architects

bankers and financiers

builders

government officials

industry professionals and members of industry associations

investment consultants

planners

real estate agents

solicitors

subcontractors

supervisors and colleagues

technical experts

valuers.

Reports may be:

verbal

written.

Buyer instructions on purchase of property may include:

contracts

deposits

fixtures and fittings

price range

property characteristics

settlement period

special conditions

statutory documentation.

Method of sale may include:

auction

off the plan

private treaty

reverse auction

set sale

specialised properties

tender.

Effective negotiation techniques may include:

analytical skills

listening techniques

non-verbal communication skills

personal attributes

presentation techniques

questioning techniques

speaking skills.

Effective techniques 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 for closing the purchase 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.

Agency services may include:

property development

property management

property sales.