Course Title: The Conveyancing Process

Part A: Course Overview

Program: C6070

Course Title: The Conveyancing Process

Portfolio: BUS

Nominal Hours: 51.0

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.

Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)

MKTG5150

City Campus

TAFE

650T TAFE Business

Face-to-Face

Term2 2008

Course Contact: Joanne Mackay

Course Contact Phone: +61 3 9925 5540

Course Contact Email: joanne.mackay@rmit.edu.au


Course Description

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.


Pre-requisite Courses and Assumed Knowledge and Capabilities

LAW5040 Legal Process [VBM898]
LAW5042 Property Law [VBM896]



National Competency Codes and Titles

National Element Code & Title:

VBM900 The Conveyancing Process


Learning Outcomes

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.


Overview of Assessment

Assessment will consist of written tests and an assignment.