Posted: March 28th, 2023

List (3) pieces of federal, state legislation and local government regulations

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Question 1
Refer to relevant legislation in your state or territory and;

a) List (3) pieces of federal, state legislation and local government regulations that impact marketing property for sale and/or lease.

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b) In your own words summarise the sections in the act that relate to:
– False representation or misleading advertisements
– Publication of statements and representations
– Price advertising
– Misleading/deceptive conduct
– Advice and disclosure of material facts

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Your answer should state the Name of the Act, and quote the Section, Part or Division applicable.

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Question 2
Refer to relevant legislation and explain what is the purpose of the consumer protection legislation in relation to marketing property?

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Question 3

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When it comes to marketing property for sale or for lease, what is a marketing plan?

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Question 4

What information is contained in a marketing plan?

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Question 5
Give examples and an explanation of (2) risks associated with marketing a property for sale and/or lease.

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Question 6
Is it important to get your client to check your marketing material before it went to print? Explain your response in 100 – 150 words.
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Question 7
Why must promotional activities be implemented in line with agency practice and legislative requirements?
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Question 8
a) How would you establish the target audience (buyers/tenants) that would be most appropriate to market the property to for maximum effectiveness? What elements would you take into consideration?

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b) What methods or types of advertising would be most likely to reach each of these different groups of buyers?
– Local buyers?
– Non-local buyers (city wide, interstate and overseas)?

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c) Why is it important to discuss this with your Landlord/Vendor?

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Question 9
List (5) possible marketing activities that you may suggest and/or discuss with a client to market the property “For Sale” or “For Lease”.

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Question 10
What role does the agent play when it comes to providing property marketing advice and marketing plans? Explain your answer.

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Question 11
List (3) persons/parties that may be involved in the process of marketing the property and outline the roles and responsibilities of those you selected.

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Question 12
Why is it important to document the roles and responsibilities of all people involved in the marketing activities?
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Question 13
For each of the following scenarios indicate marketing strategies you would use to attract a potential buyer for each of the following type of properties by placing an “x” into the corresponding boxes.
Copy Writing Photography Standard Floor Plan Virtual Tour 3D Floor Plan Drone Footage Signboard Realestate.com.au Window Card Rental List Newspaper Glossy Magazine Gumtree Facebook
[1] Original $400k townhouse ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐
[2] Rural Property FOR SALE $2.1m ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐
[3] Mechanical business FOR SALE ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐
[4] 3 Bed villa FOR LEASE $ 700w/k ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐ ☐

Question 14
(a) List and explain the methods that can be selected for use when listing/selling a property.
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(b) What factors influence the choice of method for selling?
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(c) List at least (2) factors that can affect the choice of marketing strategy?
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Question 15
Why do you think it is important to consider repairs and improvements to properties when discussing marketing proposals with landlords?
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Question 16
Identify the four principles underpinning effective marketing materials/resources.
Provide examples of each principle.

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Question 17
a) List 3 situations that could affect the timeframe of marketing a property for sale.
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b) Why is it important to keep clients informed of the progress of marketing activities?
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c) List (3) ways and/or tasks that you can complete to ensure that the Landlord is kept informed of progress of marketing activities according to agency practice and legislative requirements.

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Question 18
Explain (3) ways and/or tasks you can undertake to measure the effectiveness of a marketing plan associated with a property “For Sale” or “For Lease”.

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Question 19
List (3) alternative marketing activities and/or adjustments you can make to the marketing plan if the property proves difficult to sell or lease?

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Question 20
What types of information should be provided and reported to the client on the progress and effectiveness of marketing activities?

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Question 21
List (3) pieces of evidence that may be collected that can show the effectiveness of planning and marketing processes and used to prepare conclusions and improvements for future marketing initiatives when marketing property for sale and/or for lease.

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Question 22
Peter developed and implemented a marketing plan and marketing resources for the sale of a residential property some months ago. The plan was successful and the property sold quickly. Based on the outcome.

Peter has been using the same strategy and activities for all of the properties he has listed over the last few months. He has noticed that it is taking longer for the properties to sell.

a) What could be the likely reason it is taking longer for Peter to sell the property? Your response to this question must be in relation to review of marketing plan and activities.

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b) What strategies does Peter need to put in place to avoid this situation and improve future marketing.
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Question 23
The relationship between an agent and the client is crucial in a new listing.
Discuss the importance of discussions with clients in relation to marketing budgets, agency fees and charges, and conditions.
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Question 24
How would you obtain your vendor’s authority of your developed marketing plan and the budget associated with it?
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Question 25
Which of the following would you consider when setting a marketing budget for a property for lease?

(Answer by clicking the box of your selected answer).

☐ a) The current market trends
☐ b) What other agencies are doing
☐ c) What prospective tenants are telling you
☐ d) The vacancy rate
☐ e) All of the above

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Question 26
What is the relationship between marketing and communication, and agency brand?

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Question 27
You have been marketing a rental property for three weeks without success when you leave to go overseas for 2 weeks leave. When you return you are pleased to see that the property has been leased and the new tenant has already taken possession.
The property has a pool, and the tenant calls you as your assistant property manager told the tenant there was a solar heater for the pool. The pool for this house is not heated.
What action do you now take?
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Question 28
Look at these two advertisements for property. Identify three (3) possible breaches of the Competition and Consumer Act / Fair Trading / Consumer Affairs legislation and your state or territory’s real estate legislation:
(- – Note: there are 5 potential breaches contained within the two advertisements):

31 Hillside Drive, Oakville

Attractive 4 bed home in a great location just 5 minutes walk from Oakville Plaza.

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Featuring 2 bathrooms, separate lounge / dining room, study and rumpus room all set on a ½ acre block. Double garage and parking for more. Well insulated throughout.

Open Home: 3.00 – 3.30 Saturday
$330,000 – $400,000
Tel: Denise Cooper, 0479 321 326
Paragon Real Estate. Tel: 06 6789 5545

16 Atlantis Way, Glenhope

Walk to the shops and schools from this modest house on a large 960m2 plot that is big enough to fit another home at the rear.

With 2 bedrooms, large family room / kitchen and separate lounge, this home is ready for your finishing touches. Only 15 mins to CBD.

Open Home: 3.00 – 3.30 Saturday

$280,000

Tel: Aaron Cahill, 0479 321 328
Paragon Real Estate. Tel: 06 6789 5545

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Question 1

a) List (3) pieces of federal, state legislation and local government regulations that impact marketing property for sale and/or lease.

Federal Legislation:

Competition and Consumer Act 2010
Privacy Act 1988
State Legislation:
Property and Stock Agents Act 2002 (NSW)
Estate Agents Act 1980 (VIC)
Local Government Regulations:
Local Environmental Plan (LEP)
Development Control Plan (DCP)
b) In your own words summarise the sections in the act that relate to:

False representation or misleading advertisements
Publication of statements and representations
Price advertising
Misleading/deceptive conduct
Advice and disclosure of material facts
Competition and Consumer Act 2010:

False representation or misleading advertisements (Section 18) – prohibits businesses from engaging in conduct that is likely to mislead or deceive consumers, including advertising and promotional material.
Misleading/deceptive conduct (Section 29) – prohibits businesses from engaging in conduct that is likely to mislead or deceive consumers.
Price advertising (Section 48) – businesses must provide accurate information about the price of goods and services, including the total price of a product or service, any taxes, and any other charges or fees.
Privacy Act 1988:
Publication of statements and representations (Part IIIA) – regulates the handling of personal information by Australian government agencies and some private sector organizations.
Property and Stock Agents Act 2002 (NSW):
Misleading/deceptive conduct (Section 42) – prohibits a licensee or employee from engaging in misleading or deceptive conduct in relation to the sale or lease of property.
Advice and disclosure of material facts (Section 44) – requires the licensee to provide the client with all material facts relating to the property or the sale or lease of the property.
Estate Agents Act 1980 (VIC):
Misleading/deceptive conduct (Section 18) – prohibits an estate agent from engaging in misleading or deceptive conduct in relation to the sale or lease of property.
Publication of statements and representations (Section 20) – requires estate agents to ensure that any advertising or promotional material accurately represents the property.
Advice and disclosure of material facts (Section 47) – requires estate agents to disclose any material facts about the property, including any defects or potential issues.
– – Note: The local government regulations such as LEP and DCP may vary from council to council, so it is important to refer to the specific regulations applicable to the property in question.

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