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Due Week 11 by Sunday 11:59pm

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Summary and Purpose of Assessment

There is a total of three (3) assessment in this cluster of two units.

This is assessment task one (1) of three (3). All three assessment tasks need to be completed satisfactorily, to be deemed competent for this cluster of two units. 

This practical assessment will allow you to demonstrate their ability to read and interpret a legal document and provide advice to a conveyancing client.

Assessment Instructions

What

There are 3 parts to complete in this assessment task:

Part 1: Meeting with the Client

Part 2: Review Contract of Sale and Section 32 Vendor Statement

Part 3: Letter of Advice

You are contacted by Ishita and Assunta Habur, of 1 Garden Street, Coburg who have decided to purchase an “off-the-plan” property. They have provided you with the proposed Contract of Sale and Section 32 Vendor Statement. They will attend your office tomorrow to meet with you to provide further instructions to you and also expect you to provide some preliminary advice regarding the documents.

To conduct the meeting, you will be required to participate in a role play simulation that will be observed by your teacher. The purpose of the meeting is to be able to present complex information to your client using professional verbal communication skills. The role play simulation will require you to be able respond to questions as well ask questions to clarify understanding what you have discussed with the clients.

The role play simulation is also designed for you to articulate and apply key criteria that needs to be assessed as part of the assessment requirements.

You are required to work in a group of three.

One person will take the role of the Conveyancer conducting the meeting. One person will be Ishita Habur, client and the other person will be Assunta Habur, client. You all need to take turns of conducting the meeting as the Conveyancer covering the points as listed below under the heading Part 1: Meeting with the client. Then swap roles accordingly until each of you have had the opportunity to be the Conveyancer.

As the Conveyancer you are to take notes during the meeting and at the end of the meeting, summarise and be sure to ask if there are any questions.

As the clients, Ishita Habur and Assunta Habur, you are to each prepare two (2) questions regarding the contract for the Conveyancer to answer or clarify.

For this assessment, as well as the client meeting, you will need to review the Contract of Sale and Section 32 Vendor Statement (will be provided to you by your teacher) in Part 2 and then go on to prepare a detailed letter of advice for the client in Part 3.

Part 1: Meeting with the client

a)       You are to ensure that you cover the following points during your meeting:

·         Confirm their details are accurately recorded on the Contract

·         Confirm the particulars accord with the clients understanding of the transaction

·         Discuss conflict of interest within legislation and the industry

·         Explain to the client policies and procedures regarding the conveyancing transactions including the documents required to complete the transaction (i.e. client authorisation, verification of identity, duty form, transfer of land, notice of acquisition)

·         Explain to the client the different types of contracts and legal documents relevant to the transaction including the use of statutory or prescribed forms

·         Explain to the client the difference between personal and business conveyancing process

b)       You are to record the full and complete instructions your client provides, in a file note, including details as to their intended use of the property (i.e. personal of business), their GST status.

Part 1 Complete the following:

·         Conduct the meeting

·         File note (use template in Appendix 1)

Part 2: Review Contract of Sale and Section 32 Vendor Statement

a)       As you review the Contract of Sale and Section 32 Vendor Statement, you are to ensure that you:

·         Check parties, property, information and factual details for accuracy and relevance

·         Check annexures to the document for accuracy and relevance

·         Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement

·         Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form

·         Identify information to be obtained from or provided to third parties or other professionals in relation to the document

·         Check the document for compliance with statutory and practice requirements and if it comprises a statutory or prescribed form

b)       You are required to prepare a file note to document their findings relating to their review of the Contract of Sale and Section 32 Vendor Statement. Student’s file note must address the details above and outline key advice they will give to their clients in a letter of advice.

Part 2 Complete the following:

·         Part 2 File note (use template in Appendix 1)

Part 3: Letter of advice

For this task in addition to writing a letter of advice to the client providing them with detailed information and advice about the contract you are to also demonstrate proof-reading and editing skills when writing the letter.

Prepare a draft letter of advice in Word (or other work processing tool) which you will proof-read for spelling, grammar errors or incorrect information using “track changes”.  Your teacher will demonstrate how to use “track changes”.

When you check this for errors please use track changes to make sure that the errors can be identified as corrected.  Please don’t be alarmed as you will not be assessed on the errors but on the ability to proof-read your work and amend errors such as spelling, grammar or incorrect details in the letter.

a)       You are required to prepare a draft letter of advice to your client providing detailed information and advice about the Contract of Sale and Section 32 Vendor Statement.

Your letter of advice must:

1.       Outline the significance of a Contract of Sale and Section 32 Vendor Statement including the nature and purpose of each document.

2.       Discuss the use of precedents, particularly general conditions and Section 32 Vendor Statements and how their use applies to the documents provided.

3.       Duty concessions or exemptions and advise them if they will qualify for any concession or exemption.

4.       Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document.

5.       Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language

6.       Identify any non-compliance with legal principles within the document.

7.       Assess legal and non-legal issues and risks to the client arising from the document.

8.       Interpret extent to which the document does or does not protect the interests of the client.

9.       Advise on the benefits or otherwise of title insurance.

10.    Interpret key terms or points for negotiation with third parties or other professionals.

11.    Identify information to be obtained from or provided to third parties or other professionals in relation to the document.

12.    Check that the documents conform with the client’s instructions and provide advice to rectify any lack of conformity.

13.    Identify if the property will be part of an owner’s corporation and the statutory requirements of owner’s corporations.

14.    Legal interests of the client in relation to the subject matter of the document.

15.    Terms essential to protect the client’s interests.

16.    Non-legal interests and other needs of the client in relation to the subject matter of the document.

17.    Identify insurance requirements of the Section 32 Vendor Statement.

18.    Identify who carries the risk of the property and what, if any, insurance should be in place.

19.    Invite the client to meet with you to sign the documents and provide instructions for signing if they choose to sign in their own time including a discussion of rules governing signing and witnessing of documents.

20.    Advise your client of alternative courses of action including outlining legal and non-legal consequences for the alternatives.

21.    Refer client to other professionals for advice on appropriate course of action, where required.

b)       When you have proof-read and edited the letter, you are to send (despatch) it to your teacher in an email simulation.  Use the assessors email address but in the email, your salutation will be for the vendor.

Part 3 Complete the following:

·         Prepare letter of advice (and edit with track changes)

·         Despatch the letter of advice

Where

You will be provided some class time to work on this assessment, however, it is expected that most of this assessment will be completed outside of class.

How

You will be assessed against the criteria as listed in the observation checklist in Section B of this task and how well you answer the questions asked by the assessor. To achieve a satisfactory result, you will need to address all criteria satisfactorily.

·         Name file documents with: Student number, Student first and last name, National unit code, Assessment Task number, Task name

For example, 23456789_JohnSmith_ BSBCNV611_BSBCNV613_Assessment Task 2_Interpreting legal documents and providing advice.docx

·         Use the document format: .docx or .doc.  MAC users must comply with this requirement.

·         Your work will receive a result of Satisfactory or Not Satisfactory. You must meet all the criteria listed in marking guide to be deemed to be satisfactory for this assessment. If you are deemed not satisfactory, the feedback from your assessor, as noted in marking guide, will indicate how you need to improve your work before re-submitting it.

·         For the role-play simulation component of this assessment, you will be observed and assessed by the teacher against the observation criteria in the marking guide. The teacher will arrange a mutually agreed time and date for the role-play and this must be before the due date of the assessment.

·         You are entitled to a second resubmission of this assessment task if the first submission was not satisfactory

·         In certain circumstances you may be eligible for an assessment adjustment (e.g. a disability or long-term medical or mental health condition; an unavoidable employment, family, cultural, religious or elite sporting commitment known in advance; other unexpected circumstance outside their control).

·         If you are unable to meet the submission deadline as stated in Canvas then you need to consult with your assessor as soon as possible, preferably at least one (1) week prior to the assessment submission due date. Information found on the web pages below will also help inform you of your rights and responsibilities.

·         For a 1-week extension see https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/extensions-of-time-for-submission-of-assessable-work

·         For special consideration see https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/special-consideration

·         For reasonable adjustment see https://www.rmit.edu.au/students/student-essentials/assessment-and-exams/assessment/adjustments-to-assessment

·         You can appeal the assessment decision according to the RMIT Assessment Processes

Internet access if not working on campus

·         Access to the Learning Management System (Canvas) and any other internet sites required for study in this course

·         Internet Access

·         Complete Section 32 Vendor Statement

·         File note template

·         Off the Plan Contract of Sale

Describe the task – context and conditions for assessment.

The student has demonstrated:

·         Use of questioning and active listening to determine and confirm requirements and understanding

·         Presenting complex information using vocabulary, tone and pace appropriate for the audience and purpose

The student must record and submit completed Part 1 File note.

File note is to include the clients full and complete instructions they give you; details as to their intended use of the property (i.e. personal of business), their GST status

File note must document the student’s findings in relation to the review of the Contract of Sale and Section 32 Vendor Statement. The file note must address the details above and outline key advice that the student will give to the clients in a letter of advice.

The student has included the following in the letter: