Unit of competency Outline
Date retreived
22/07/2026 11:10 PM AWST
22/07/2026 11:10 PM AWST
Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.
Identify legal and ethical requirements of property sales to complete agency work
Identify legal and ethical requirements of property sales to complete agency work
Unit of competency
National Code
CPPDSM4008A
CPPDSM4008A
State Code
D1253
D1253
TGA Status
Replaced
Replaced
DTWD Status
Replaced
Replaced
State Implementation and Classification
Approved Date
15/09/2014
Field of Education
080503 - Real Estate
Original Release Date
15/09/2014
Nominal Hours
30
Description
This unit of competency specifies the outcomes required to meet the core legal and ethical requirements associated with property sales. This includes awareness of the legislation relating to property sales, the role and responsibility of agency personnel in property sales, the administration of sales transactions and the completion of sales documentation.The unit may form part of the licensing requirements for persons engaged in real estate activities in those States and Territories where these are regulated activities.
Notes
Elements and Performance Criteria
1Develop knowledge of property sales.
- 1.1 Types and characteristics of land tenure systems are identified in line with legislation.1.2 Legislation regulating the sale of properties is identified in line with agency practice.1.3 Information provided on the Certificate of Title is checked for accuracy against the agency agreement.1.4 Types of property ownership are identified in line with legislation.1.5 Legal requirements relating to the sale of property are identified and interpreted in line with legislation and agency requirements.1.6 Requirements of ethical and conduct standards and consumer protection and privacy legislation in relation to the sale of property are identified in line with legislative requirements and agency practice.
2Develop knowledge of sales process.
- 2.1 Need for demonstrating effective communication strategies in establishing rapport with clients, determining client needs, providing accurate advice, addressing client concerns and dealing with conflict is identified in line with agency practice.2.2 Listing opportunities are identified and assessed in the context of legislative requirements and agency practice.2.3 Methods of selling property are identified and assessed in the context of legislative requirements and agency practice.2.4 Sale authority agreements are identified, completed and stored in line with legislative requirements and agency practice.2.5 Strategies for marketing property are identified and assessed in the context of legislative requirements and agency practice.2.6 Purpose and terms of statutory statementsrequired to be prepared by sellers for the sale of property and businesses are identified and interpreted in the context of legislative requirements and agency practice.2.7 Contractual documents relating to the sale of property are identified, interpreted, completed and stored in line with legislative requirements and agency practice.2.8 Process for settling the sale of property is identified in the context of legislative requirements and agency practice.2.9 Processes for receipt, recording, banking and release of deposit moneys are identified in the context of legislative requirements and agency practice.
3Identify roles and responsibilities of sales personnel.
- 3.1 Relationship between salesperson and agency principal is identified in the context of legislative requirements and agency practice.3.2 Roles and responsibilitiesof agent in sale of property including general disclosure requirements are identified, interpreted and assessed in the context of legislative requirements and agency practice.3.3 Restrictionson agents purchasing property and sanctions for violations of restrictions are identified, interpreted and complied with in line with legislative requirements and agency practice.3.4 Controls and sanctions on secret commissions are identified in the context of legislative requirements and agency practice.3.5 Entitlements and commissions for agents are identified and calculated in the context of legislative requirements and agency practice.
RANGE STATEMENT
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.
Land tenure systems may include:
freehold or fee simple
leasehold.
Legislation may include:
relevant federal, and state or territory legislation and local government regulations relating to:
anti-discrimination and equal employment opportunity
consumer protection, fair trading and trade practices
employment and industrial relations
financial services
OHS
privacy
property sales.
Certificate of Title may include:
a plan of the land
details of caveats over the land, such as easements and covenants
lot, plan and subdivision
names of registered proprietors
names of the mortgagees and dates of registration and discharge
volume and folio numbers.
Types of property ownership may include:
company ownership
joint tenants
sole owner
tenants in common.
Effective communication strategies may include:
active listening
being non-judgemental
exploring problems
expressing an individual perspective
providing sufficient time for questions and responses
providing summarising and reflective responses in conflict situations
using appropriate words, behaviour and posture
using clarifying and summarising questions
using clear and concise language
using culturally appropriate communication
using plain English
using verbal and non-verbal communication.
Listings may include:
advertising
after-sales letters
builders and developers
callers to the office
conjunctions and multiple listings
farming
open for inspections
owner boards and seller advertisements
recommendations
telemarketing.
Methods of selling property may include:
alternative sales methods, such as set sales
auction
conjunctional sales
private sale or treaty
sale by tender
vendor sale.
Sale authority agreements may include:
auction authority
exclusive sale authority
general sale authority
sole sale authority.
Statutory statements required to be prepared by sellers may include:
additional vendor's statement
vendor's statement
statement for the sale of a small business.
Contractual documents may include:
contract note
contract of sale of real estate
finance statement to buyers
prescribed or permitted forms used by agents in property sales
release of deposit moneys.
Roles and responsibilitiesof agent in sale of property may include:
agreement to sell
communication
completing contract documents
ethical and conduct standards
general disclosure requirements
legal responsibility
listing
marketing
negotiating sale terms and conditions
office procedures for presenting the property
prospecting
providing information to buyer
sale settlement.
Restrictions on agentspurchasing property may include:
restrictions on licensed real estate agents and real estate representatives
restrictions on support staff
restrictions on the spouse or domestic partner, parent, brother, sister or child of licensed real estate agents or real estate representatives.
The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.
Land tenure systems may include:
freehold or fee simple
leasehold.
Legislation may include:
relevant federal, and state or territory legislation and local government regulations relating to:
anti-discrimination and equal employment opportunity
consumer protection, fair trading and trade practices
employment and industrial relations
financial services
OHS
privacy
property sales.
Certificate of Title may include:
a plan of the land
details of caveats over the land, such as easements and covenants
lot, plan and subdivision
names of registered proprietors
names of the mortgagees and dates of registration and discharge
volume and folio numbers.
Types of property ownership may include:
company ownership
joint tenants
sole owner
tenants in common.
Effective communication strategies may include:
active listening
being non-judgemental
exploring problems
expressing an individual perspective
providing sufficient time for questions and responses
providing summarising and reflective responses in conflict situations
using appropriate words, behaviour and posture
using clarifying and summarising questions
using clear and concise language
using culturally appropriate communication
using plain English
using verbal and non-verbal communication.
Listings may include:
advertising
after-sales letters
builders and developers
callers to the office
conjunctions and multiple listings
farming
open for inspections
owner boards and seller advertisements
recommendations
telemarketing.
Methods of selling property may include:
alternative sales methods, such as set sales
auction
conjunctional sales
private sale or treaty
sale by tender
vendor sale.
Sale authority agreements may include:
auction authority
exclusive sale authority
general sale authority
sole sale authority.
Statutory statements required to be prepared by sellers may include:
additional vendor's statement
vendor's statement
statement for the sale of a small business.
Contractual documents may include:
contract note
contract of sale of real estate
finance statement to buyers
prescribed or permitted forms used by agents in property sales
release of deposit moneys.
Roles and responsibilitiesof agent in sale of property may include:
agreement to sell
communication
completing contract documents
ethical and conduct standards
general disclosure requirements
legal responsibility
listing
marketing
negotiating sale terms and conditions
office procedures for presenting the property
prospecting
providing information to buyer
sale settlement.
Restrictions on agentspurchasing property may include:
restrictions on licensed real estate agents and real estate representatives
restrictions on support staff
restrictions on the spouse or domestic partner, parent, brother, sister or child of licensed real estate agents or real estate representatives.
EVIDENCE GUIDE
The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, the range statement and the Assessment Guidelines for this Training Package.
Overview of assessment
This unit of competency could be assessed through case studies, demonstrations, practical exercises and targeted written (including alternative formats where necessary) or verbal questioning relating to the legal and ethical requirements of property sales. The case studies, demonstration and questioning would include collecting evidence of the candidate's knowledge and application of ethical standards and relevant federal, and state or territory legislation and regulations. This assessment may be carried out in a simulated or workplace environment.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
A person who demonstrates competency in this unit must be able to provide evidence of:
ability to communicate effectively and accurately with clients
application and knowledge of ethical and conduct standards and key principles of consumer protection and privacy in relation to the sale of property
application and knowledge of the sales process, including ways of obtaining listings, methods of selling property, strategies for marketing property, and the process for settling the sale of property
application and knowledge of accurately completing statutory and agency sales documentation, including authorities and contracts
application and knowledge of the legislation and regulatory framework relevant to the sale of property
application and knowledge of the role and responsibilities of the agent in the sale of property, including the legislative restrictions on agents purchasing property and the controls and sanctions associated with secret commissions.
Context of and specific resources for assessment
Resource implications for assessment include:
access to suitable simulated or real opportunities and resources to demonstrate competence
assessment instruments that may include personal planner and assessment record book
access to a registered provider of assessment services.
Where applicable, physical resources should include equipment modified for people with disabilities.
Access must be provided to appropriate learning and/or assessment support when required.
Assessment processes and techniques must be culturally appropriate, and appropriate to the language and literacy capacity of the candidate and the work being performed.
Validity and sufficiency of evidence require that:
competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace
where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the person's competence
all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence
where assessment is for the purpose of recognition (RCC/RPL), the evidence provided will need to be current and show that it represents competency demonstrated over a period of time
assessment can be through simulated project-based activity and must include evidence relating to each of the elements in this unit.
In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge. Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions, and will reflect the requirements of the competency and the work being performed.
The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, the range statement and the Assessment Guidelines for this Training Package.
Overview of assessment
This unit of competency could be assessed through case studies, demonstrations, practical exercises and targeted written (including alternative formats where necessary) or verbal questioning relating to the legal and ethical requirements of property sales. The case studies, demonstration and questioning would include collecting evidence of the candidate's knowledge and application of ethical standards and relevant federal, and state or territory legislation and regulations. This assessment may be carried out in a simulated or workplace environment.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
A person who demonstrates competency in this unit must be able to provide evidence of:
ability to communicate effectively and accurately with clients
application and knowledge of ethical and conduct standards and key principles of consumer protection and privacy in relation to the sale of property
application and knowledge of the sales process, including ways of obtaining listings, methods of selling property, strategies for marketing property, and the process for settling the sale of property
application and knowledge of accurately completing statutory and agency sales documentation, including authorities and contracts
application and knowledge of the legislation and regulatory framework relevant to the sale of property
application and knowledge of the role and responsibilities of the agent in the sale of property, including the legislative restrictions on agents purchasing property and the controls and sanctions associated with secret commissions.
Context of and specific resources for assessment
Resource implications for assessment include:
access to suitable simulated or real opportunities and resources to demonstrate competence
assessment instruments that may include personal planner and assessment record book
access to a registered provider of assessment services.
Where applicable, physical resources should include equipment modified for people with disabilities.
Access must be provided to appropriate learning and/or assessment support when required.
Assessment processes and techniques must be culturally appropriate, and appropriate to the language and literacy capacity of the candidate and the work being performed.
Validity and sufficiency of evidence require that:
competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace
where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the person's competence
all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence
where assessment is for the purpose of recognition (RCC/RPL), the evidence provided will need to be current and show that it represents competency demonstrated over a period of time
assessment can be through simulated project-based activity and must include evidence relating to each of the elements in this unit.
In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge. Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions, and will reflect the requirements of the competency and the work being performed.
Replaced By
| State Code | National Code | Title | Type |
|---|---|---|---|
| OAQ71 | CPPREP4002 | Access and interpret ethical practice in real estate | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| D229 | CPP50307 | Diploma of Property Services (Agency Management) | Qualification |
| W971 | CPP30211 | Certificate III in Property Services (Agency) | Qualification |
| D222 | CPP40307 | Certificate IV in Property Services (Real Estate) | Qualification |
| D223 | CPP40407 | Certificate IV in Property Services (Stock and Station Agency) | Qualification |