Course Title: The Conveyancing Process
Part B: Course Detail
Teaching Period: Term2 2008
Course Code: MKTG5150
Course Title: The Conveyancing Process
School: 650T TAFE Business
Campus: City Campus
Program: C6070 - Advanced Diploma of Business (Legal Practice)
Course Contact : Joanne Mackay
Course Contact Phone: +61 3 9925 5540
Course Contact Email:firstname.lastname@example.org
Name and Contact Details of All Other Relevant Staff
Doug Cole 99255424 email@example.com
John Marshall 99255453 firstname.lastname@example.org
Nominal Hours: 51
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
LAW5040 Legal Process [VBM898]
LAW5042 Property Law [VBM896]
This module covers main features of law of contract relative to sale of land, formality required to achieve a binding contract for the sale of land, terms commonly implied or express in a contract for the sale of land, statutory intervention in contracts for the sale of land, Domestic Building Contracts Act 1995, Estate Agents Act 1980 and secret commissions by agents.
National Codes, Titles, Elements and Performance Criteria
National Element Code & Title:
VBM900 The Conveyancing Process
1. Specify the main features of the law of contract with relevance to contracts for the sale of land.
2. Determine the extent to which formality is required for a contract in relation to the sale of land to be binding and apply to a relevant case study.
3. Specify and analyse the terms that are usually included in a contract for the sale of land, and ascertain whether the source of the terms is statutory contractual or the common law.
4. Analyse the various rules that must be observed by the conveyancer in legislation that regulates the contract for the sale of land.
5. Analyse the main provisions of the current domestic building contracts legislation in Victoria. Domestic Building Contracts Act 1995, with reference to the provision of indemnity in respect of building works.
6. Analyse the main provisions of the Estate Agents Act in relation to the obligations of the real estate agent to provide documents to a purchaser and, in relation to conflict of interest situations that the real estate agent must avoid.
7. Establish the nature of a secret commission and commission above the approved scale, and assess the consequences for the estate agent. Determine the principles of commission payment to a third party, and the relevance to the estate agent’s commission.
Details of Learning Activities
Students are expected to attend class and to engage in the learning process by completing class activities for each topic. Completion of class exercises will require access to the relevant legislation such as the Sale of Land Act. Students should have a full copy of this Act by week 2 in class. This is vital for successful assessment in the tests.
By week 8 students should start preparing for the auction activity. This requires them to attnd an auction and write a report and present their fingding to the class in the last few weeks of semester. This assessment requires planning ahead and attendance at a public auction of a property well ahead of the actual presentation.
Week Beginning Topic and Assessment
Week 1 – 7 Jul Introduction – REVISION – course outline and discussion Class activities all semester 10%
Week 2 – 14 Jul Commonly used forms of contracts of sale of land,
Week 3 – 21 Jul Cooling-off, Section 32 Statements (section 3 manual)
Week 4 – 28 Jul Contravention of Section 32 and consequences
Week 5 – 4 Aug Deposits, Finance Clauses.
Week 6 – 11 Aug Insurance issues 20% Case study test
Week 7 – 18 Aug Insurance, Real Estate Industry.
Week 8 – 25 Aug Real Estate Industry (attend auction/ start research in next 2 weeks)
Mid Semester Break (Student Vacation) – 1 to 5 Sept
Week 9 – 8 Sept Auction report research
Week 10 – 15 Sept Misdescription and requisitions (section 2 manual),
Week 11 – 22 Sept Statutory Certificates and adjustments.
Week 12 – 29 Sept Terms Contracts
Week 13 – 6 Oct Breach of contract
Week 14 – 13 Oct Domestic Building legislation, Illegal structures, Consumer legislation (section 5 manual)
Week 15 – 20 Oct Major test – Open Book – 40%
Week 16 – 27 Oct Auction/research Presentations-30% (all students to attend)
Week 17 – 3 Nov Auction/research Presentations-30% (all students to attend)
Week 18 – 10 Nov Review/ resits
The Conveyancing Process manual, published by TAFE VC, available in the Business Bookshop
Estate Agents Act 1995
Estate Agents (Professional Conduct) Rules 1999
Estate Agents (Contracts) Rules 1999
Sale of Land Act 1962
Transfer of Land Act 1958
CCH, Victorian Conveyancing Law Practice, (available online in the Library)
Wikrama Voumard - The Sale of Land 5th edition Law Book Co. (soon to be available online in the Library)
Libbis, S and Murphy, S ConveyanceWorks, Law Crest
Overview of Assessment
Assessment will consist of written tests and an assignment.
CLASS ACTIVITES ALL SEMESTER 10%
CASE STUDY TEST WEEK 6 20%
MAJOR TEST WEEK 15 40%
AUCTION/RESEARCH REPORT WEEK 16, 17, 30%
To pass this course students must satisfactorily complete all assessments and have a total mark of not less than 50%.
|in class activities 10%||case study test 20%||research assignment 30%||major test 40%|
|Law of contract and forms||X||X||X||X|
|Terms of Contracts||X||X||X||X|
|Building contracts rules||X||X||X|
|Estate Agents industry||X||X||X|
It is the student’s responsibilty to familiarise themselves with the policies relating to plagiarism, late/ missed assessments, special consideration and other relevant student information contained on the Hub and in your diaries.
Course Overview: Access Course Overview