Course Title: The conveyancing process
Part B: Course Detail
Teaching Period: Term1 2015
Course Code: LAW5190
Course Title: The conveyancing process
School: 650T Vocational Business Education
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
Andrew Webster (Co-ordinator)
Building 80, Level 5 Tel.9925 5458
andrew.webster@rmit.edu.au
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
A range of learning experiences are planned for this course including class and online activities, use of various online databases.
Teaching Schedule
This course is codelivered and coassessed with COMM5928C Make a presentation (BSBCMM401A).
Prior to training commencement a program level induction session will be conducted that comprises the following:
• Program overview and requirements
• MyRMIT/Blackboard
• Overview of assessment requirements
• Pre-Training Review including:
o Recognition of Prior Learning and Credit Transfers
o Assessment of current skills and knowledge
• Competency/Grading Criteria
• Plagiarism
• Appeals
• Extensions
• Feedback
• Privacy
• Submission requirements
• Resubmission policy
• Where to get support
• Student responsibilities
The nominal hours associated with this course 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.
Week |
Date |
Conveyancing Process |
Make a Presentation | Assessment Tasks |
Competencies Delivered |
| 1 | 9 Feb |
Introduction to the Course including: Course Overview – The conveyancing process in legal and conveyancing practice |
LAW5190 (VU20114) |
||
| 2 | 16 Feb | Real Estate Industry | Understanding the Target audience | LAW5190 (VU20114) |
|
| 3 | 23 Feb |
Commonly used forms of contracts of sale of land. Analyse contract and vendor’s statement, |
Understanding the Target audience |
|
LAW5190 (VU20114) |
| 4 | 2 Mar | Finance Clauses, Cooling-off | Presentation strategies, format and delivery methods | |
LAW5190 (VU20114) |
| 5 | 9 Mar |
Note Monday Public Holiday Vendor’s (s.32) statements |
Presentation aids, materials and techniques | LAW5190 (VU20114) |
|
| 6 | 16 Mar | Contravention of s.32 Sale of Land Act |
Verbal and non-verbal communication |
|
LAW5190 (VU20114) |
| 7 | 23 Mar | Read case study cases, examine auction report requirements and plan auction attendance |
Audience interest | release auction instructions | LAW5190 (VU20114) |
| 8 | 30 Mar |
CASE SUMMARY - Presentation and Debate |
CASE SUMMARY - Presentation and Debate | LAW5190 (VU20114) |
|
| EASTER STUDENT SEMESTER BREAK | |||||
| 9 | 13 Apr | Deposits, Insurance, caveats | LAW5190 (VU20114) |
||
| 10 | 20 Apr | AUCTION PRESENTATIONS | Reinforcing messages and improving understanding |
|
LAW5190 (VU20114) |
| 11 | 27 Apr |
|
Summarising and Review | AUCTION REPORT DUE |
LAW5190 (VU20114) |
| 12 | 4 May | WIL PLACEMENT |
LAW5190 (VU20114) |
||
| 13 | 11 May | WIL PLACEMENT |
LAW5190 (VU20114) |
||
| 14 | 18 May |
File processes, searches and certificates Domestic Building legislation, Illegal structures, Consumer legislation Adjustments, Settlement, Breach of contract, Revision |
LAW5190 (VU20114) |
||
| 15 | 25 May | Class Test- 2 hour open book (or week 16 according to final test schedule) | Open Book Final Test |
LAW5190 (VU20114) |
|
| 16 | 1 June | Feedback Interviews | LAW5190 (VU20114) |
Learning Resources
Prescribed Texts
References
Libbis, Simon. Conveyancing Victoria 2014, Hybrid Press |
Other Resources
It is recommended that you have access to a mobile computing device to allow greater flexibility in terms of where you can work on campus outside class times.
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
To pass this course, you need to demonstrate you are competent to the industry standard as required of a paralegal. To achieve this, you must complete all assessments to an acceptable industry standard. For COMM5928C Make a presentation (BSBCMM401A), only Assessments 1 and 2 must be completed to an acceptable standard.
To demonstrate achievement of the learning outcomes in this course the following evidence is essential:
LAW5190The Conveyancing Process (VU20114)
- 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
COMM5928C Make a presentation (BSBCMM401A):
- preparation, delivery and evaluation of the effectiveness of at least two presentations related to the candidate’s occupation or area of interest
- knowledge of the principles of effective communication.
Assessment Task 1 - Case Summary - Presentation and Debate (VU20114 - The Conveyancing Process and BSBCMM401A Make a presentation)
Due Date: week 8
Submission Procedure: In class
Students will be required to summarise a particular case, and then in pairs, advocate the case for either the plaintiff / defendant or appellant / respondant. The case summary should be approximately 1 page and must be handed in, and shared with the rest of the class.
Assessment Task 2 - Auction Report (VU20114 - The Conveyancing Process and BSBCMM401A Make a presentation)
Due Date: Weeks 10 & 11 - Presentations - Week 11 - Report.
Submission Procedure: Auction Report to be submitted in class with associated documents. Report only to be submitted on Blackboard via Turnitin.
Students will be required to attend an auction of sale of land. Students are to choose their own auction (not a group activity). After attending the auction, students will required to review aspects of the auction as they relate to the core competencies for both LAW5190 - The Conveyancing Process and COMM5928C Make a presentation. Students will be required to submit a written report, and present their findings in class.
Assessment Task 3 - Final Test (VU20114 - The Conveyancing Process ONLY)
Due Date: Week 15
Submission Procedure: Final in class open book assessment
The purpose of this assessment is to all learning outcomes for VU20114 - The Conveyancing Process
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.
You should take note of all feedback received and use this information to improve your learning outcomes and final performance in the course.
Assessment Matrix
Marking Guide:
You will receive feedback on each assessment task that will inform you how well you are performing.
Please refer to the Final Grades table below:
| 80-100 | HD | High Distinction |
| 70-79 | DI | Distinction |
| 60-69 | CR | Credit |
| 50-59 | PA | Pass |
| 0-49 | NN | Fail |
| DNS | DNS | Did Not Submit for assessment |
Further information regarding the application of the grading criteria will be provided by your teacher.
Other Information
Submission Requirements
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 extensions of time. (Please refer to the information in the Late Submission Procedure section below)
• If you have a long term medical condition and/or disability it may be possible to negotiate to vary aspects of the learning or assessment methods. You can contact the program manager or the Disability Liaison Unit if you would like to find out more.
• 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 a footer with your name, student number, the title of the assessment,
unit code and title and page numbers.
Late Submission Procedures
If you are prevented from submitting an assessment on time, by circumstances outside your control, you must apply in advance for an extension to the due date of up to seven calendar days.
More Information: http://www.rmit.edu.au/students/assessment/extension
Form to use: http://mams.rmit.edu.au/seca86tti4g4z.pdf
Where an extension of greater than seven days is needed, you must apply for special consideration. Applications for special consideration must be submitted no later than two working days after the assessment task deadline or scheduled examination.
More Information: http://www.rmit.edu.au/browse;ID=g43abm17hc9w
Form to use: http://mams.rmit.edu.au/8a5dgcaqvaes1.pdf
Resubmissions:
If you fail an assessment you will be allowed one resubmission only. Your teacher will provide feedback regarding what you need to do to improve and will set a new deadline for the resubmission. The highest grade you will receive if your resubmission is successful is Pass. If you are still not meeting the assessment requirements you must apply to your Program Manager in writing outlining the steps you will take to demonstrate competence in your course. Your submission will be considered by the Program Team and you will be advised of the outcome as soon as possible.
Adjustments to Assessment
In certain circumstances students may be eligible for an assessment adjustment. For more information about the circumstances under which the assessment arrangements might be granted please access the following website:
More Information: http://www.rmit.edu.au/browse;ID=kehn9bz22r41
Course Overview: Access Course Overview