Course Title: Identify and conduct searches

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: BUSM7921C

Course Title: Identify and conduct searches

School: 650T Vocational Business Education

Campus: City Campus

Program: C5337 - Diploma of Conveyancing

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joanne Mackay

9925 5540

joanne.mackay@rmit.edu.au

80.05.018

Nominal Hours: 60

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

None

Course Description

This unit describes skills and knowledge required for conducting searches, analysing and evaluating all relevant conveyancing data for the transaction following confirmation of initial instructions from the client.

It applies to individuals who use research skills and systematic approaches to organise and collate complex documentation that meets compliance requirements.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the relevant regulator for specific guidance on requirements.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

BSBCNV601 Identify and conduct searches

Element:

1 Identify information needs

Performance Criteria:

1.1 Identify sources of information relevant to the transaction
1.2 Examine documentation and titles to confirm facts relating to transactions
1.3 Define and confirm with client, searches to be performed prior to commencement
1.4 Identify and arrange required reports with the appropriate bodies to meet agreed timelines
1.5 Identify applicable fees, taxes, other expenses and rebates, and promptly and accurately advise client

Element:

2 Perform relevant document searches and investigations

Performance Criteria:

2.1 Accurately and thoroughly perform searches using appropriate methods
2.2 Establish and record legal positions in accordance with the practice’s policy and procedures
2.3 Obtain required third-party reports from the appropriate bodies

Element:

3 Evaluate issues arising with transaction

Performance Criteria:

3.1 Identify, summarise and communicate legal issues and risks to client clearly and promptly and in accordance with relevant legislation, regulations and the practice’s policy and procedures
3.2 Define and clarify client’s rights within the transaction for the client
3.3 Establish desired outcomes and devise strategies to achieve them in consultation with client
3.4 Thoroughly assess implications for professional indemnity insurance and take appropriate action

Element:

4 Deal with third parties and other professionals

Performance Criteria:

4.1 Identify relevant third parties and other professionals
4.2 Identify information to be obtained from or provided to third parties and other professionals
4.3 Conduct appropriate consultation with third parties and other professionals and obtain authorities

Element:

5 Present information relevant to transaction to client

Performance Criteria:

5.1 Present documentation clearly and promptly and in accordance with relevant legislation and regulations and the practice’s policy and procedures
5.2 Record and document information necessary for the transaction to proceed in a legally binding manner in client files
5.3 Advise client of the implications of all information received from or forwarded to relevant parties

Learning Outcomes



Details of Learning Activities

 

 


Teaching Schedule

 

BUSM7921C Identify and Conduct Searches is co-delivered and co-assessed with LAW5728C Analyse and Interpret Legal Requirements for the Transaction

Week

Topic

Assessment

Week 1 – 5 Jul

Introduction – REVISION – course outline and discussion, Real estate industry overview

From week one, examine each class topic: cases, legislation, notes, complete exercises

Week 2 – 12 Jul

Real Estate Industry exercises

Standard contract documents and general conditions

 

Week 3 – 19 Jul

Cooling-off, Finance Clauses, Caveats

 

Week 4 – 26 Jul

Section 32 Vendor’s Statements requirements, Searches and certificates

 

Week 5 – 2 Aug

Contravention of Section 32 and consequences, Consumer legislation

Auction report and presentation instructions released for discussion

Week 6 – 9 Aug

               Deposits, Insurance

 

Week 7 – 16 Aug

In class open book case study test

25% Case study test

Week 8 – 23 Aug

Domestic Building legislation, Illegal structures, misdescription

Attend Auction if not already done

Mid Semester Break (Student Vacation) – Aug 29-Sept 2 (does not match school holidays)

Week 9 – 6 Sept

   AIC, Conveyancing software, PEXA,

ID Secure, current practitioner, Title Insurance presentations

Auction report consultation

Week 10 – 13 Sept

Terms contracts introduction

Adjustments

 

Week 11 – 20 Sept

PRESENTATIONS

Auction/research Presentations commence -25%

(Presentation in one of weeks 11-13)

Week 12 – 27 Sept

PRESENTATIONS

Presentations

Week 13 – 4 Oct

PRESENTATIONS

Presentations – report due

Week 14 – 11 Oct

Review breach of contract general conditions, revision

 

Week 15 – 18 Oct

Major test 50%

Major test 50%

Week 16 – 25 Oct

Resits, SC applications

Resits, SC applications

 

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources

 

Students must keep abreast of more recent changes via the electronic notes, lecture outlines, prescribed readings, cases and articles, available on the HUB/ Blackboard. The Sale of Land Act will be required in full. Please download and print sections as needed, or purchase a copy and have in class by week 3. Legislation in hard copy can be purchased from Law Institute bookshop or Information Victoria.

 


Overview of Assessment

In order to achieve competency in this unit, you must provide:

Performance Evidence
Evidence of the ability to:

  • communicate effectively with a client and third parties involved in a transaction
  • accurately request and record search information from authorities and third parties
  • assess transaction risk and recommend strategies determined from information in compliance with practice or agency policy and procedures and relevant legislation relating to information searches
  • present clear, concise and accurate information in relation to a transaction.

Knowledge Evidence
To complete the unit requirements safely and effectively, you must:

  • identify and explain key:
    • business principles and law applicable to conveyancing transactions
    • current legislative, regulatory and industry practices, procedures and services
  • analyse and explain the consequences of searches relevant to the conveyancing transaction
  • identify and describe current procedures and practices for conducting searches
  • identify any requirements of financial institutions
  • identify and explain key insurance requirements relevant to the conduct of conveyancing searches
  • outline policies, procedures and business requirements of the practice relevant to the conduct of conveyancing searches
  • define and explain a range of professional and industry terminology
  • outline key registration and conversion procedures and strategies
  • discuss issues relating to risk assessment and evaluation strategies
  • compare and contrast types of document searches, including e-conveyancing systems, for personal, business or real estate conveyancing.

 Assessment Conditions
Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the conveyancing field of work and include access to:

  • common office equipment, technology, software and consumables
  • suitable records showing the conduct of conveyancing search.

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.

Feedback
Feedback will be provided throughout the semester in class and/or online discussions. You are encouraged to ask and answer questions during class time and online sessions so that you can obtain feedback on your understanding of the concepts and issues being discussed. Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

 

ASSESSMENT SUMMARY

CASE STUDY TEST                                  WEEK 7                                      25%

AUCTION/RESEARCH ASSIGNMENT     WEEK 11-13                               25%

MAJOR TEST                                            WEEK 15                                    50%

                                                                                                                    100%

 

To pass this course students must satisfactorily complete all assessment and have a total mark of not less than 50%. Assessment will be graded according to the following mark table, after competency is achieved:

0-49

Not Yet Competent - NYC

50-59

Pass - CAC

60-69

Credit - CC

70-79

Distinction - CDI

80-100

High Distinction - CHD

 

BUSM7921C Identify and Conduct Searches is co-delivered and co-assessed with LAW5728C Analyse and Interpret Legal Requirements for the Transaction


Assessment Matrix

Course Overview: Access Course Overview