Course Title: Apply conveyancing process

Part B: Course Detail

Teaching Period: Term2 2016

Course Code: LAW5719

Course Title: Apply conveyancing process

School: 650T Vocational Business Education

Campus: City Campus

Program: C6141 - Advanced Diploma of Legal Practice

Course Contact: Robert Sheen

Course Contact Phone: +61 3 9925 5759

Course Contact Email: robert.sheen@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Joanne Mackay

joanne.mackay@rmit.edu.au

80.05.018

Nominal Hours: 50

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

None

Course Description

This unit describes the skills and knowledge required to employ land contract law through a comprehensive knowledge of relevant legislation and the procedures and documentation associated with conveyancing transactions for the sale and purchase of Victorian land, in order to support the work of a legal office, practice or associated context.

This unit supports the work of personnel engaged in the operation of a legal office, conveyancing department or office, financial institution, bank loans or mortgage department, and/or associated fields within public and/or corporate sectors.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VU21638 Apply conveyancing process

Element:

1.Specify the main features of contract law relevant to the sale of land

Performance Criteria:

1.1 Outline the principles and minimum requirements for a contract for the sale of land
1.2 Identify and describe the factors that could lead to a contract being void or voidable
1.3 Identify and describe the formal requirements of a contract for the sale of land, including the extent to which written evidence is required for the sale of land to be enforceable
1.4 Identify and describe the nature of an open contract
1.5 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

Element:

2.Specify and apply the terms that are commonly expressly included in a contract for the sale of land

Performance Criteria:

2.1 Outline and apply the form and content of the standard contract prescribed by the Estate Agents (Contracts) Regulations, including: particulars of sale; special conditions; general conditions, and vendors’ statements
2.2 Analyse and apply the conveyancing procedures and obligations that arise from the contract for the sale of land, including: finance clauses; insurance; caveatable interests, and deposit holding procedures

Element:

3.Analyse and apply legislation that regulates contracts for the sale of land

Performance Criteria:

3.1 Outline and detail the provisions of the Sale of Land Act relating to terms contracts
3.2 Explain the meaning of the purchaser’s right to cool off
3.3 Analyse the requirements for vendors’ statements, including the consequences of breach of Section 32 of the Sale of Land Act
3.4 Outline the statutory provisions in relation to insurance of premises, including who bears the risk of damage or destruction of premises, and analyse for application
3.5 Analyse for application, the provisions of the Sale of Land Act relating to dealing with deposits and release of deposit prior to settlement
3.6 Identify and describe the regulation of swimming pools relevant to a conveyancing transaction

Element:

4.Analyse and apply the law relating to defective building work and illegal structures in the context of sales of land

Performance Criteria:

4.1 Determine the principles of the common law in relation to the sale of land which includes a defectively constructed or incomplete building and analyse for application
4.2 Identify the provisions of the Domestic Building Contracts Act including implied warranties and obligations of a builder in relation to major domestic building contracts, and analyse for application
4.3 Identify the provisions of the Building Act in relation to insurance obligations of builders, obligations of owner-builders who sell a building, and, warranties required in contracts for the sale of property by an owner-builder, and analyse for application
4.4 Outline the role of the Victorian Civil and Administrative Tribunal in resolving disputes relating to domestic building work
4.5 Define the term illegal structure and analyse, for application, the law relating to a sale of land on which there is an illegal structure

Element:

5.Analyse and apply the role of estate agents in the sale process

Performance Criteria:

5.1 Examine the terms of the contracts used to engage an agent
5.2 Outline and debate the legal and ethical obligations of the agent to the vendor and the purchaser
5.3 Research and analyse for application, the rules and legal provisions under Division 4 of the Sale of Land Act for conducting auction sales of real estate, including dummy bids and vendor’s bids

Learning Outcomes


 


 


Details of Learning Activities

 

 


Teaching Schedule

 

Note: LAW5719 Apply Conveyancing Process is co-delivered with COMM5928C Make a Presentation

Date

Topic

Assessment

(week commencing)

   Week 1 – 4 July

Introduction –course outline and discussion, REVISION

Real Estate industry overview

 

Week 2 – 11 July

Real Estate Industry cont’d, and introduction to Contract for Sale of Land documents

 

Week 3 – 18 July

Analyse contract of sale of land

File processes, searches and certificates, conduct of file

 

Week 4 – 25 July

Section 32 Statements requirements

Research and prepare case study for assessment in week 6

   Week 5 – 1 Aug

Contravention of s.32 Sale of Land Act.

 

   Week 6 – 8 Aug

Case Report Oral Presentation 20%

In Class 20% Assessment

Case report and Oral Presentations

Week 7 – 15 Aug

          Cooling off, finance clauses

Release instructions and Discuss Auction Report Assessment

Week 8 – 22 Aug

Deposits, caveats, insurance

 

Aug 29- Sept 2

Mid semester break

Mid semester break

Week 9 – 5 Sept

Research week for auction assignment and teacher consultation

 

   Week 10 – 11 Sept

Domestic Building legislation, Illegal structures, Consumer legislation

 

Week 11 – 19 Sept

PRESENTATIONS

Auction/research Presentations-30%

(all students to attend)

Week 12 – 26 Sept

PRESENTATIONS

Auction/research Presentations-30% (all students to attend)

Week 13 – 3 Oct

PRESENTATIONS

Auction/research Presentations-30% (all students to attend)

Final written report due

Week 14 – 11 Oct

Adjustments, Settlement Breach of contract, Revision

 

Week 15 – 17 Oct

Major test – Open Book – 50% - all topics

Major test – Open Book – 50%

Week 16– 24 Oct

SC Resits & deferred assessment

 

 

 

 

 

 

 


Learning Resources

Prescribed Texts


References


Other Resources

Recommended text

 

Conveyancing Victoria 2016/7, Simon Libbis, available from Hybrid Publishers, at student discount (see order form on Blackboard)

 

Students should refer to latest cases and other references, legislation and websites and other relevant information on the course site on the Blackboard HUB, and prior to classes the lecture outlines and notes.

 


Overview of Assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

In order to demonstrate competency in this unit, you must provide evidence of:

• investigating documents, and following procedures and obligations relevant to completing a conveyancing transaction
• knowledge of the legislation, principles and practices that regulate contracts for the sale and purchase of land including auction sales
• knowledge of Federal and State legislation, regulations and provisions relevant to undertaking conveyancing
• 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

Context for assessment

Assessment must ensure:

• activities are related to a legal practice context
• activities are related to laws, regulations and procedures currently operating across the jurisdictions relevant to this qualification

You are advised that you are likely to be asked to personally demonstrate your assessment work to your teacher to ensure that the relevant competency standards are being met.
 

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.

You should take note of all feedback received and use this information to improve your learning effectiveness and final performance in the course.

Finally, you can email or arrange an appointment with your teacher to gain more feedback on your progress.


Assessment Tasks

 

CASE Report and Oral Presentation          WEEK 6                        20%

AUCTION/RESEARCH REPORT        WEEK 10, 11 & 12              30%

MAJOR TEST                                               WEEK 15                    50%                                                                                                                                     

                                                                                                       100%

 

In the assessment once the student has demonstrated competence, the following grading will be applied.

 

0-49

NYC

50-59

CAG

60-69

CC

70-79

CDI

80-100

CHD

 

 


Assessment Matrix

Course Overview: Access Course Overview