Question
Consider one of the case studies below and complete the table provided to address the following points. Description of unethical practice - what is the
Consider one of the case studies below and complete the table provided to address the following
points.
Description of unethical practice - what is the agent doing wrong?
o How are they breaking the law?
o In what way is the behaviour morally incorrect?
How does the practice relates to consumer protection?
o Explain how the practice might subject a consumer (customer or client) to scams, unsafe
products, and unfair treatment from businesses.
An explanation of standards and codes of conduct or practice that relate to the outcome of
the case.
o Explain which standards, laws or rules/codes of conduct are affecting the outcome of the
case. Consider:
Legislation relevant sections.
Conduct codes.
Suggested best practice in agency procedures - suggest other standards or rules of conduct
that may apply to the practices outlined in the case.
o List other standards, laws or rules/codes of conduct not mentioned in the case that may
have a bearing on the practice involved.
Resources that can assist in creating best practice guidelines - give examples of available
options to assist with the development of ethical practice in an agency to avoid the unethical
practice addressed in this case.
o How do you suggest an agency could use available resources to protect themselves and
to prevent this kind of practice? This may include specialist advice.
Case 1: Knowingly employing a disqualified person
Wendy Alberts is the sole director and secretary of Scali Real Estate Sales. Wendy was present at a hearing at which her father, Clarence, was made permanently ineligible to hold a real estate agent's licence or hold a certificate of registration. Despite knowing about her father's disqualification, Ms Alberts employed him in September 2019. Twelve and fifteen months later, Clarence Alberts was present at three auctions, where he acted in a manner consistent with a real estate salesperson. He also held a company credit card and remained as a signatory on the company accounts. He was found guilty of contempt of the orders made against him in 2019. Wendy Alberts and Scali Real Estate Sales accepted that they had failed to comply with real estate agent laws by employing Mr Alberts following his permanent disqualification.
Chosen case study | Case 1 |
Description of unethical practice | Clarence Alberts acted as a salesperson in real estate company without licence/ registeration. Wendy still employed Clarence and let him presented at auctions and acted in a manner consistent with a real estate salesperson even though she knew his father's licence had been revoked. |
Relationship and impact on consumer protection | |
Legislation - name of Act or Regulation including relevant sections | LAND AGENTS ACT 1994- SECTION 6 Agents to be registered, SECTION 6BAuctioneers to be registered( I AM NOT SURE SHOULD I INCLUDE 6B) |
Conduct codes | |
Suggested best practice in agency procedures | |
Resources that can assist in creating best practice guidelines (this may include website information pages, fact sheets, legislation, checklists and manuals) |
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