BSRV4601 Fundamentals of Real Estate Assessment 3 Task 3: Scenarios For each of the five scenarios below, answer the following questions: a. What has the salesperson done wrong? Explain what the salesperson has done that could be cause for Rules of the Code or legislation to be breached. b. What section of the Fair-Trading Act 1986 has been breached? If appropriate, what section of the Contract and Commercial Law Act 2017 would enable the customer to claim a remedy? c. Identify three relevant rules from the Real Estate Agents Act (professional Conduct and Client Care) rules 2012 (the Code) that the salesperson has breached.

Scenario 1 I loved the townhouse in Tui Street and wanted to make an offer on it. There was another townhouse down the same driveway, so I would need to fence the property as I have a dog. When I discussed this with the salesperson, he said, 'This would be an easy section to fence, no problem at all.' I also told the salesperson that I was a little nervous to make an offer as I struggled to understand everything he was talking about and the documents he gave me looked very confusing. He also spoke very quickly and English is not my first language. The salesperson told me 'Everything will be okay, this is a standard sale and purchase agreement and the home is great, you will love it.' The salesperson did not recommend that I seek legal advice but, thankfully, I decided to get my lawyer to check the sale and purchase agreement before I signed it. The lawyer told me that the townhouse has a cross lease record of title and I would need permission from the owner of the other townhouse to put up a fence. If I purchased the home and couldn't fence it, I would not have been able to keep my dog at the property. I did not go ahead with the purchase and made a complaint to the salesperson's branch manager.