NZQA registered unit standard
23136 version 3
Page 1 of 4
Title
Demonstrate knowledge of misleading and deceptive conduct and
misrepresentation for real estate practice
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 legal concepts and the implications of
misleading and deceptive conduct, and false
representation in terms of the Fair Trading Act 1986 as
applied to real estate practice;
–
explain the implications of the Fair Trading Act 1986 in
terms of unfair practice;
–
explain the legal provisions of the Health and Safety in
Employment Act 1992 as applied to real estate practice;
and
–
explain the legal concept and the implications of
misrepresentation in terms of the Contractual Remedies
Act 1979 as applied to real estate practice.
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.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
23136 version 3
Page 2 of 4
2
References
Consumer Guarantees Act 1993;
Contracts (Privity) Act 1982;
Contractual Mistakes Act 1977;
Contractual Remedies Act 1979;
Fair Trading Act 1986;
Health and Safety in Employment Act 1992;
Historic Places Act 1993;
Human Rights Act 1993;
Overseas Investment Act 2005;
Overseas Investment Regulations 2005;
Privacy Act 1993;
Real Estate Agents Act 2008;
Resource Management Act 1991;
Residential Tenancies Act 1986;
Unit Titles Act 2010;
and all subsequent amendments and replacements.
3
Definitions
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.
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, 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 legal concepts and the implications of misleading and deceptive conduct, and
false representation in terms of real estate practice.
Evidence requirements
1.1
Misleading and deceptive conduct is explained in terms of the Fair Trading Act
1986 and the Code.
1.2
False representation is explained in terms of the Fair Trading Act 1986 and the
Code.
1.3
Penalties for breaches of the Fair Trading Act 1986 are explained as applied to
Misleading and deceptive conduct and false representation.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
23136 version 3
Page 3 of 4
Outcome 2
Explain the implications of the Fair Trading Act 1986 in terms of unfair practice.
Evidence requirements
2.1
Implications of misleading and deceptive conduct or false representations in
advice or information offered to clients and customers are explained in terms of
the Fair Trading Act 1986 and the Code.
2.2
Implications of misleading and deceptive conduct or false representations in
real estate advertisements relating to land, property, or businesses are
explained in terms of the Fair Trading Act 1986 and the Code.
Outcome 3
Explain the legal provisions of the Health and Safety in Employment Act 1992 as applied
to real estate practice.
Evidence requirements
3.1
Risks and implications for the salesperson under the Health and Safety in
Employment Act 1992, and the Code are explained.
Range
may include but is not limited to open homes, showing of any
property to customers, use of vehicle.
Outcome 4
Explain the legal concept and the implications of misrepresentation as it applies to the
Contractual Remedies Act 1979 in terms of real estate practice.
Evidence requirements
4.1
Implications of misrepresentation in advice, advertisements, or information
offered to real estate clients and customers are explained in terms of the
Contractual Remedies Act 1979.
Range
4.2
includes implications for businesses and real estate sales (all
sectors), letting and leasing.
Remedies available under the Contractual Remedies Act 1979 for
misrepresentation in advice, advertisements, or information offered is explained
in accordance with the legislative requirements.
Replacement information
This unit standard, unit standard 23135, and unit standard
23141 replaced unit standard 4654 and unit standard 4665.
ElectroTechnology Industry Training Organisation
SSB Code 100401
 New Zealand Qualifications Authority 2016
NZQA registered unit standard
Planned review date
23136 version 3
Page 4 of 4
31 December 2015
Status information and last date for assessment for superseded versions
Process
Version Date
Last Date for Assessment
Registration
1
18 December 2006
31 December 2012
Review
2
12 February 2010
31 December 2013
Rollover and
Revision
3
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