NZQA registered unit standard 26149 version 2 Page 1 of 4 Title Demonstrate knowledge of licensing and code of professional conduct under the Real Estate Act 2008 Level 4 Purpose Credits 4 This unit standard is for people preparing for entry into, or who are currently working in, the real estate industry as salespersons. People credited with this unit standard are able to: – explain the standards of professional conduct expected of a real estate licensee; – explain the duties of a licensee to report misconduct or unsatisfactory conduct; – explain the obligations to create awareness of the Act, Regulations and the Code; – explain the rules for client care and dealings with customers in the Code; – explain the requirements for licensing; and – explain the complaints procedure for individual licensees. Classification Real Estate > Real Estate Practice and Law Available grade Achieved Explanatory notes 1 ETITO has common assessment material available to use for organisations with consent to assess against Real Estate unit standards contained in the National Certificate in Real Estate (Salesperson) (Level 4) [Ref: 1543]. The use of this assessment material is encouraged to eliminate the need for pre-assessment moderation of assessment material. The organisation with consent to assess is charged for the use of this material. 2 References Real Estate Agents Act 2008; and all subsequent amendments and replacements. ElectroTechnology Industry Training Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 26149 version 2 Page 2 of 4 3 Definitions Act means the Real Estate Agents Act 2008. Agent means a real estate agent who holds, or is deemed to hold, a current licence as an agent under the Real Estate Agents Act 2008. Client means the person on whose behalf an agent carries out real estate agency work and is commonly known in the industry as a vendor or seller. Common Law is also known as case law – judgements made by courts, rather than laws written by parliament. Judgements relating to the duties of an ‘agent’ may be applicable to this unit standard. Customer means a person who is a buyer or potential buyer of land or a business and is commonly known in the industry as purchaser or buyer. Approved guides mean the two approved guides developed by the Real Estate Agents Authority covering an agency agreement and a sale and purchase agreement. These are available from http://www.reaa.govt.nz. Licensee means an agent, branch manager, or salesperson. Code means the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009 which set out the code of professional conduct and client care. These are available from http://www.reaa.govt.nz. Regulations mean the Real Estate Agents (Licensing) Regulations 2009. These are available from http://www.legislation.govt.nz. Complaints Assessment Committee means the committee appointed by the Real Estate Agents Authority to consider complaints made by the public against licensees. Information is available from http://www.reaa.govt.nz. 4 Assessment This unit standard must be assessed on the basis of evidence of demonstrated performance in the workplace or in simulated work situations designed to draw upon similar performance to that required in the workplace. Outcomes and evidence requirements Outcome 1 Explain the standards of professional conduct expected of a real estate licensee. Evidence requirements 1.1 The standards of professional conduct are explained in accordance with the Code. Outcome 2 Explain the duties of a licensee to report misconduct or unsatisfactory conduct. Evidence requirements 2.1 Reporting of misconduct and unsatisfactory conduct are explained in accordance with the Code. ElectroTechnology Industry Training Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 26149 version 2 Page 3 of 4 Outcome 3 Explain the obligations to create awareness of the Act, Regulations and the Code. Evidence requirements 3.1 Obligations of a licensee to create awareness of the provisions of the Act, Regulations, and the Code are explained. Range includes but is not limited to – approved guides. Outcome 4 Explain the rules for client care and dealings with customers in the Code. Evidence requirements 4.1 Rules for client care are explained in accordance with the Code. Outcome 5 Explain the requirements for licensing. Range salesperson, branch manager, agent. Evidence requirements 5.1 Licensing requirements are explained in terms of the entitlement to be licensed in accordance with the Act. 5.2 Licensing requirements are explained in terms of the application renewal process for a licence in accordance with the Act. 5.3 Provisions and effects relating to licences are explained in terms of the Act. Outcome 6 Explain the complaints procedure for individual licensees. Evidence requirements 6.1 Functions of the Complaints Assessment Committee are explained in terms of the Act. 6.2 Provisions for complaints resolution are explained in accordance with the Act. 6.3 Functions of the disciplinary tribunal are explained in terms of the Act. 6.4 The possible actions that may be taken by the disciplinary tribunal are explained in accordance with the Act. ElectroTechnology Industry Training Organisation SSB Code 100401 New Zealand Qualifications Authority 2016 NZQA registered unit standard 26149 version 2 Page 4 of 4 Replacement information This unit standard replaced unit standard 23133. Planned review date 31 December 2015 Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 12 February 2010 31 December 2013 Rollover and Revision 2 16 August 2012 N/A Consent and Moderation Requirements (CMR) reference 0003 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMR). The CMR also includes useful information about special requirements for organisations wishing to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. Comments on this unit standard Please contact the ElectroTechnology Industry Training Organisation at reviewcomments@etito.co.nz if you wish to suggest changes to the content of this unit standard. ElectroTechnology Industry Training Organisation SSB Code 100401 New Zealand Qualifications Authority 2016