Course Title: The conveyancing process
Part A: Course Overview
Program: C6106 Advanced Diploma of Legal Practice
Course Title: The conveyancing process
Portfolio: BUS Portfolio Office
Nominal Hours: 51Regardless 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.
650T Vocational Business Education
Distance / Correspondence or Face-to-Face or Internet or Workplace
Course Contact: Doug Gourlay
Course Contact Phone: +61 3 9925 5944
Course Contact Email: firstname.lastname@example.org
The purpose of this module is to provide skills in the field of land contract law as might be relevant to a person working in a legal office, conveyancing department or office, financial institution or bank loans or mortgage department or other allied area requiring a comprehensive knowledge of the documents and procedure encountered in conveyancing transactions for the sale and purchase of Victorian land, and the effect of the relevant and associated legislation.
Pre-requisite Courses and Assumed Knowledge and Capabilities
Pre-requisites: VU20111 Legal Process and VU20109 Property Law
National Competency Codes and Titles
National Element Code & Title:
VU20114 The conveyancing process
Upon successful completion of this course you will be able to:
Learning Outcome 1 - Specify the main features of the law of contract relevant to contracts for the sale of land.
1.1 Outline the principles and minimum requirements for a contract for the sale of land.
1.2 Identify factors that could lead to a contract being void or voidable.
Learning Outcome 2 - Determine the extent to which written evidence is required for a contract in relation to the sale of land to be enforceable and the nature and terms implied by common law and equity where there is no express term.
2.1 Determine and discuss the formal requirements of a contract for the sale of land.
2.2 Describe the nature of an open contract
2.3 Outline the terms implied by common law or equity into a contract where there is no express provision with reference to:
• Who carries the risk of damage or destruction of the property following the sale
• The vendor’s obligations in relation to preservation of the property following sale
• The vendor’s obligation to disclose defects in title and give a good title free of undisclosed defects
• The circumstances in which the caveat emptor principle applies
• Terms implied as to the time for performance of the contract and whether time is of the essence of the contract.
Learning Outcome 3 - Specify and analyse the terms that are commonly expressly included in a contract for the sale of land and remedies for breach of the terms
3.1 Outline the form and content of the standard contract prescribed by the Estate Agents (Contracts) Regulations.
3.2 Analyse conveyancing procedures and obligations that arise from the contract for the sale of land and relevant case examples.
Learning Outcome 4 - Analyse legislation that regulates contracts for the sale of land.
4.1 Outline and detail the provisions of the Sale of Land Act relating to terms contracts.
4.2 Specify what is meant by the purchaser’s right to “cool off”.
4.3 Analyse the requirements of a vendor’s statement pursuant to Section 32 of the Sale of Land Act.
4.4 Outline statutory provisions relating to who bears the risk of damage or destruction of premises and in relation to insurance of premises.
4.5 Describe the provisions of the Sale of Land Act relating the way in which a deposit must be dealt with including the provisions relating to release of the deposit prior to settlement.
4.6 Describe the regulation of swimming pools as relevant to a conveyancing transaction.
Learning Outcome 5 - Analyse the law relating to defective building work and illegal structures in the context of sales of land.
5.1 Determine the principles of the common law in relation to the sale of land which includes a defectively constructed or incomplete building.
5.2 Analyse the provisions of the Domestic Building Contracts Act 1995 in relation to:
• Implied warranties’
• Obligations of a builder in relation to major domestic building contracts
5.3 Outline the provisions of the Building Act in relation to:
• Insurance obligations of builders
• Obligations of an owner builder who sells a building
• Warranties required in contracts for the sale of property by an owner builder
5.4 Outline the role of the Victorian Civil and Administrative Tribunal in relation to disputes relating to domestic building work.
5.5 Define the term ‘illegal structure’. Analyse the law relating to a sale of land on which there is an illegal structure.
Learning Outcome 6 - Analyse the role of estate agents in the sale process and the law relating to the conduct of auction sales of real estate.
6.1 Examine the terms of the contracts used to engage agent.
6.2 Describe the legal and ethical obligations of the agent to the vendor and the purchaser.
6.3 Describe the law and practice relating to the conduct of auction sales of real estate in relation to:
• Rules for the conduct of the auction
• The provisions of Division 4 of the Sale of Land Act including those relating to dummy bids and vendor’s bids
Overview of Assessment
Assessment methods have been designed to measure achievement of the requirements in a flexible manner over a range of assessment tasks and may include:
• case study analysis
• short answers questions
• written assignments/tests
• oral presentations
Students are advised that they are likely to be asked to personally demonstrate their assessment work to their teacher to ensure that the relevant module standards are being met.