Course Title: The conveyancing process

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: LAW5190

Course Title: The conveyancing process

School: 650T TAFE Business

Campus: City Campus

Program: C6106 - Advanced Diploma of Legal Practice

Course Contact : Doug Gourlay

Course Contact Phone: +61 3 9925 5944

Course Contact Email:doug.gourlay@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

joanne mackay
Course Contact Phone +61 3 9925 5540
Course Contact Email joanne.mackay@rmit.edu.au
Location SAB 445 Swanston St, Melbourne Building 80 Leval 5

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

Pre-requisites:  VU20111 Legal Process and VU20109 Property Law

Course Description

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.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU20114 The conveyancing process


Learning Outcomes


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.
Assessment criteria
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.
Assessment criteria
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
Assessment criteria
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.
Assessment criteria
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.
Assessment criteria
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.
Assessment criteria
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


Details of Learning Activities

Students should note that this course is delivered in a cluster with COMM 5928C Make a Presentation. The teaching and the assessment related to assessment criteria for both units in part.


Classes of 3 hours per week for 16 weeks as per the teaching schedule. The nominal hours associated with this are a guide only and represent the total teaching time and student effort required to successfully complete the course. This may include not only scheduled classes but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.
The week by week classes as per the teaching schedule below and assessments, including due dates, are subject to variation. Class teachers will to keep as close as practicable to that set out in this Part B Statement.

Course requirements: students consult timetable and are expected to attend all scheduled classes
Course support documents: see RMIT Blackboard
Student Induction: conducted prior to commencement of classes or during the first class and will cover the following: Blackboard, Overview of assessment requirements including Recognition of Prior Learning and Credit Transfers, Grading, Plagiarism, Appeals,Extensions,Feedback,Privacy, Submission requirements, Resubmission policy, Where to get support, Student responsibilities
 


Teaching Schedule

week  date                topic                                                                                                                         learning                  outcomeassessment                          
 1 8 july Introduction – REVISION – course outline and discussion, Real Estate industry overview, Sale of Land Act 1,2 
 2 15 july Real Estate Industry 6 
 3 22 july Commonly used forms of contracts of sale of land. 1,2,3 
 4 29 july Finance Clauses, Cooling-off 3 
 5 5 aug Analyse contract and vendor’s statement, s.32 SLA 3,4 
 6 12 aug Contravention of s.32 Sale of Land Act 3,4 
7 19 aug  CASE STUDY ASSESSMENT 3,4 Case Study In class open book assessment - 30%
8 26 aug Deposits, Insurance. caveats 3,4,5 
9 9 sept File processes, searches and certificates 1-6 Auction/research Presentations-30% (or week 12 lecture and tute)
10 16 sept Terms Contracts
PRESENTATIONS
 
 1-3 Comm 5298 Auction Presentation
11 23 sept Domestic Building legislation, Illegal structures, Consumer legislation 5 
12 30 septPRESENTATIONS 1-3 Comm 5298  PRESENTATIONS
13 7 oct Adjustments, Settlement 1-6 
14 14 oct Breach of contract, Revision 5 
15 21 oct FINAL TEST 1-6 In Class Major test – Open Book – 40% in lecture time
16 28 oct Feedback  Deferred assessments


Learning Resources

Prescribed Texts

Simon Libbis, Conveyancing Victoria, 2012, Hybrid Publishers


References

CCH Conveyancing Law and Practice, online subscription in library


Other Resources


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
• projects
• reports

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.


Assessment Tasks

1.Case Study Assignment due week 5 30%
2.Auction Report 30%
3.Final open book test week 15 40%
Description of Assessments


Students must demonstrate an understanding of all elements of competency to be deemed competent.
A range of assessment methods are used to assess practical skills and knowledge, for example:
* tests and examinations in formal settings
* assignments, projects and case study analysis
* direct questioning combined with review of portfolios of evidence
* review of authenticated documents from the workplace or training environment
* demonstration of techniques
* Class presentation

Assessment Grading
HD High Distinction 80-100
DI Distinction 70-79
CR Credit 60-69
PA Pass 50-59
NN Pass 0-49

Critical aspects of assessment
• Knowledge of the legislation, principles and practices that
regulate contracts for the sale and purchase of land
including auction sales
• Investigation of documents, procedures and obligations
relevant to complete a conveyancing transaction
• Analysis of the law relating to defective building work and
illegal structures in the context of sales of land
• Examination of statutory intervention in contracts of the sale
of land
• Analysis of law and practices specifically relating to auction
sales
• Examination of terms implied by courts and commonly
expressed contained in contracts for the sale of land

 

Assessment completion requirements

You are required to complete 3 assessment tasks.
To pass this course students must attempt assessments as required which are graded upon submission by the class assessor.
Grading is weighted so that a mark of 50% is a passing grade.

Assessment submission requirements

Assessment tasks need to be submitted via turnitin on Blackboard unless otherwise advised.

You should:

* Ensure that you submit assessments on or before the due date. If your performance in the assessment is affected by unexpected circumstances, you should consider applying for Special Consideration. Information on the process and application forms is available at http://rmit.edu.au/browse;ID=ls0ydfokry9rz website.
* Always retain a copy of your assessment tasks. (hard copy and soft copy)
* When you submit work for assessment at RMIT University you need to use a cover sheet that includes a declaration and statement of authorship. You must complete, sign and submit a cover sheet with all work you submit for assessment, whether individual or group work. On the cover sheet you declare that the work you are presenting for assessment is your own work. An assignment cover sheet for submission of work for assessment is available on blackboard.
* Each page of your assessment should include footer with your name, student number, the title of the assessment, unit code and title and page numbers. For example, Julie Macpherson, 324567, Task 2, OHS2345C Ensure safe workplace, Page 1 of 10.


Marking Guide

Further information regarding the application of the grading criteria will be provided by your teacher.

(other information)
 


Assessment Matrix

Learning OutcomesCase study 30%Auction Report and Presentation 30%Final Test 40%
 1. Specify the main features of the law of contract relevant to contracts for the sale of land                                                                                                      X
 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  X X
 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  X X
 4. Analyse legislation that regulates contracts for the sale of land. X X X
 5. Analyse the law relating to defective building work and illegal structures in the context of sales of land.
 
   X
 6. Analyse the role of estate agents in the sale process and the law relating to the conduct of auction sales of real estate  X X

Course Overview: Access Course Overview