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The branch Manager, Jane, has asked you to help her prepare some scenarios that she can use in her weekly meetings as on-going training for

The branch Manager, Jane, has asked you to help her prepare some scenarios that she can use in her weekly meetings as on-going training for her sales team. She has recently overheard some interesting discussions in the office between the sales team and thinks it's time to upskill and remind everyone of their duties and obligations under the Real Estate Agents Act 2008 and the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (the Code).

Jane has drafted the following scenarios based on complaints and positive feedback she has experienced during her career. She would like you to prepare the example answers so she can include them in the upcoming training sessions.

Read the following scenarios, then:

  • State the legislation that applies to the situation (name the section(s) of the Act and rules of the code that have been breached, or that have been complied with), and
  • Identify whether each issue is likely to reflect:

omisconduct, or ounsatisfactory conduct, or ono further action is required.

(if unsatisfactory or misconduct apply, also identify the section that relates)

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Complaints:

i. We decided to sell our property without a price, 'by negotiation'. The salesperson knew that our price expectation was upwards of $950,000 but he knowingly allowed a website listing to indicate a price range starting at $750,000. We thought that was very misleading for the purchasers who were wanting to make offers and very frustrating for us as the offers we received were well under our expected sale price.

Task

Identify three rules from the Code that are relevant:

Justify whether misconduct or unsatisfactory conduct or no further action applies (if unsatisfactory or misconduct applies, also identify the section that relates).

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