| Assessment Task 1 (Questions)CPPDSM4080A - AT1 - Q3a:Which legislation describes the key licensing and eligibility requirements for agencystaff?The Estate Agents Regulations 2018 describes the key licensing and eligibilityrequirements for the agency staff. It describes the standard of conduct for expectedagents and agent representatives in their day-to-day dealings with their clients andconsumers as well. The obligations set out under legislation are:1. Estate Agents Act 19802. Sale of Land Act 19623. Residential Tenancies Act 19974. Retail Leases Act 20035. Australian Consumer Law and Fair Trading Act 2012.CPPDSM4080A - AT1 - Q3b:For this question you will need to research what the licencing and eligibilityrequirements for the various employees working in a real estate agency are.Research the requirements in your state or territory and note the eligibility orineligibility requirements for each of the following:a) Entry-level working under the supervision of the person in charge (AgentsRepresentative VIC or Certificate of Registration NSW or Salesperson QLD)b) A person working as a licenced agent (real estate license)a) Before starting working as an Agent's Representative the eligibility criteria underthe Estate Agents Act 1980 (Section 16) must be met.The licensing and eligibilityrequirements for an Entry-level working under the supervision of the person incharge, such as Agents Representative VIC are:1. They must be at least 18 years old.2. They must have completed a course mentioned under Estates Agent Regulations2020.3. They should not have been found guilty of any kind of offence that involves drugtrafficking, violence, fraud, dishonesty that is punishable by 3 months imprisonmentor more within the past 10 years.4. They must not be insolvent under administration.5. They must not be the cause of a successful claim against the Victorian PropertyFund.6. They must not be a represented person under the Guardianship andAdministration act 1986.7. They must not be subject to a Victorian Civil and Administrative Tribunaldeclaration or an order by any regulatory body in or outside Victoria. Unlicensed property agent work is against the law. Show
Dealing with licencesSerious offencesWe will cancel your licence if you’re convicted of:
You will have 14 days to return your licence to us. The maximum fine for failing to do so is $14,375.00. Change of detailsYou must advise us in writing within 14 days about any changes to:
The maximum fine for failing to do so is $14,375.00. Produce licence on request
Substitute licenseeYou must follow the rules when appointing a substitute licensee. If you do not, you risk being fined.
Person in charge
DocumentationYou must make sure that you:
Appointment
Supply of documents
Disclosure
Commission
Trust account offencesIt is in an offence to steal or misuse trust monies. You risk a fine and imprisonment if you break the law. Trust money
Audit reports
Offences by auditors
Inspector's powersInspectors have the legal authority to make sure that you don’t break the law. You must follow their lawful directions, or you risk a fine.
Enforceable undertakingAn enforceable undertaking is:
Find out more about enforceable undertakings |
What penalties may be applied under legislation for breach of contract or negligence Vic?
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