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Real Estate Assignment Help Australia
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Real Estate Assignment Help Sydney
Online real estate assignment help sydney - assignmenthelpnow.com.au.
Welcome to AssignmentHelpNow.com.au, your trusted source for high-quality online real estate assignment help in Sydney. We understand that pursuing a degree in real estate can be demanding, and assignments can often add to the stress. That’s where we come in! Our dedicated team of experts is here to provide you with the best assistance to ensure your academic success.
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January 8, 2024 by Jean Kallmyr
Understanding Deed of Assignment
In the realm of legal transactions in Australia, a Deed of Assignment holds significant importance. This legal document serves as a powerful tool for the transfer of rights and obligations between parties. Whether in the context of real estate, intellectual property, or other contractual agreements, a Deed of Assignment plays a crucial role in facilitating the seamless transfer of assets.
Deed of Assignment
A Deed of Assignment is a legally binding document that allows one party, known as the assignor (the party relinquishing the rights, benefits, or obligations), to transfer specific rights, benefits, or obligations to another party, referred to as the assignee (the party receiving the assigned rights, benefits, or obligations).
This legal instrument is commonly employed when there is a need to assign contractual rights, such as in real estate transactions, business sale transactions, intellectual property transfers or the assignment of debts. The deed must be properly executed and delivered to be legally effective.
Key Clauses of Deed of Assignment
A clear and concise description of the intention to assign, the rights, benefits, or obligations being transferred should be outlined in the document.
In many assignments, there is a consideration involved, which refers to the value exchanged between the parties. This could be in the form of money, services, or any other agreed-upon consideration.
The assignor typically provides assurances that they have the legal right to transfer the specified rights and that these rights are free from any encumbrances, and the assignee normally guarantees to perform specific contractual obligations under the specified rights.
Covenants are promises made by one or both parties regarding their future actions. For example, the assignor may covenant that they will not interfere with the assigned rights after the transfer and the assignee covenants that it will take over the obligations of the assignor under a specific contract.
The indemnity clause outlines the responsibilities of the parties in case of any losses or liabilities arising from the assignment. For example, it specifies which party will bear the costs associated with legal challenges or disputes.
Common Uses in Australia
Real estate transactions.
Deeds of Assignment are commonly used in the transfer of property rights, for example, in the sale of off-the-plan properties or when a buyer wants to transfer their rights under a property contract to another party.
Intellectual Property
Artists, authors, or inventors may use Deeds of Assignment to transfer their intellectual property rights, such as trade marks, copyrights or patents, to another individual or entity.
Debt Assignment
Assignments of debts are also facilitated through Deeds of Assignment. This occurs when a creditor transfers their rights to collect a debt to another party.
Contractual Agreements
Businesses often use Deeds of Assignment to transfer contractual rights and obligations when there is a change in ownership or a need to delegate specific responsibilities, for example, the assignment of leases or supplier contracts.
The IP House Lawyers has assisted many of our clients in drafting, preparing and executing various forms of Deed of Assignment. Please contact us on the details below if you need any assistance in relation to drafting and preparing a Deed of Assignment.
For any further information or queries on the above content, please contact us.
Jean Kallmyr | Lawyer, The IP House Lawyers | t: 0435 799 831 | e: [email protected]
Key Contact
Claire Darby | Managing Director/Lawyer, The IP House Lawyers | t: 0412 998 951 | e: [email protected]
The information and contents of this publication do not constitute any legal or financial advice. This publication is intended only for reference purposes for The IP House Lawyers’ clients and prospective clients.
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(CPPDSM4007A) Real Estate Assessment Task 1
Assessment Task 1: Short answer questions What you need to do: § Answer the questions below by writing in the space provided. You will need to have adobe reader version DC on your computer to be able to fill in and save any documents, please see the course tutorial for more details. Alternatively, you may like to use Microsoft Word and print out your answers to each question. What you will need: § Research materials such as books, internet, magazines, workplace documentation etc Video tutorials as provided. § Access to legislative and regulatory documentation What you need to submit: § Your answers to these questions. Question 1 Describe the agency-principal relationship. What are the agent’s responsibilities in this relationship?
Question 2 Define the following roles. a) Real estate agent
b) Real Estate Salesperson
c) Property Manager
Question 3 a) Which legislation describes the key licensing and eligibility requirements for agency staff in your state or territory?
b) List the eligibility requirements for estate agents license and registered salesperson/property manager certificate in your state or territory.
c) Identify and list the legislation relating to the following: § anti-discrimination § consumer protection and trade practices § WHS § privacy § property management.
d) List the legislative and industry requirements in your state or territory that regulate the ethical and standard of conduct real estate agents and real estate representatives.
e) Explain the intention of the following legislation: § Privacy Act 1988 (Cth) § Anti-Discrimination Act § Australian Consumer Law and Fair Trading Act
f) List the legislation that covers property sales in your state or territory.
g) Discuss the professional conduct standards that agents are bound by in relation to property sales.
Question 4 What is an ‘Authority to act’?
Question 5 For the following questions, you must refer to the correct section of the relevant Act in your state or territory. a) What is licence lending?
b) What are the penalties for licence lending?
d) Explain the following rights and duties of landlords and tenants as defined in the relevant Act in your state or territory. You must identify the relevant section of the Act where required. § Quiet enjoyment
§ What are the tenant’s responsibilities and duties under sections 51 of the Act?
§ Explain the rights of entry to the property. What are the obligations for both the landlord or their agent and the tenant?
§ When can property inspections be carried out on a leased property? What conditions must be met prior to the inspection?
e) Which sections of the relevant Act in your state or territory relate to locks and keys? Summarise the regulations.
Question 6 For the following questions, you must refer to the correct section of the relevant Act in your state or territory. a) What is commission sharing? b) In which circumstances should commission sharing be disclosed? a) In which circumstances is disclosure not required?
Question 7 a) Explain an agent’s liability for breach of contract and negligence. b) What penalties may be applied under legislation for breach of contract or negligence?
Question 8 What legislation must employers comply with in regards to conditions of employment? Think about Commonwealth legislation and that of your state or territory.
Question 9 a) What is the purpose of a trust fund? b) What are the main legislative controls on trust funds? c) Provide three examples of monies that must be kept in trust.
Question 10 At times you will require specialist advice regarding aspects of your role and dealing with clients. List some of the people who could provide this advice.
Question 11 a) What is the legislation relating to consumer protection? Briefly describe the intent of the legislation.
b) What are the main requirements of privacy legislation?
Question 12 a) Identify and list the opportunities available for continuing professional development.
b) Why is it necessary to continue to undertake training?
Question 13 Identify and list Commonwealth legislation and the legislation of your state or territory relating to the areas below. Think about property management and sales in your response.
Anti-discrimination Consumer protection, fair trading Employment and industrial relations Trust Account management WHS Privacy
to manage each risk.
Question 15 a) What is property management? What is the relationship between property management and asset management?
b) What are the roles and responsibilities of property managers?
c) Explain the role and responsibilities of a salesperson in relation to property sales.
Question 16 a) List legislative and industry requirements that regulate the ethical and standard of conduct real estate agents and real estate representatives.
b) Explain the intention of the following: Privacy Act 1988 (Cth) Anti-discrimination legislation in your state/territory Consumer law/fair trading legislation in your state/territory
Question 17 Briefly explain the roles of the following agencies in your state or territory
NSW Office of Fair Trading § Civil and Administrative Tribunal § Anti-discrimination § Rental bond board
Question 18 a) Explain an agent’s liability for breach of contract and negligence.
b) What penalties may be applied under legislation for breach of contract or negligence?
c) What strategies could you implement in the case of a dispute between a tenant and landlord?
Question 19 List the four types of leases that an agent may be responsible for.
Question 20 a) Explain the meaning of ‘listing’. ________________________________________________________________________ b) What methods can you use to prospect properties for listings? (Consider both property management and sales in your response.)
c) Before listing a property for sale, what information do you need to gather? ________________________________________________________________________ Question 21 a) Describe the two types of leasing and managing authority.
____________________________________________________________________________________________________________________________ CPP40307 Certificate IV in Property Services (Real Estate) © 2016 NREL Page 20 ASSESSMENT TASK 1 b) What is the purpose of a ‘landlord’s instruction’ form? What information does it contain? ________________________________________________________________________
Question 22 How are agent’s fees calculated in regards to leases? What fees can an agent claim? ________________________________________________________________________ Question 23 a) List the statutory and agency leasing documents that are required throughout a residential tenancy. _________________________________________________________ CPP40307 Certificate IV in Property Services (Real Estate) Page 21 ASSESSMENT TASK 1 b) List the standard forms and documents required for selling a property. ________________________________________________________________________ Question 24 Explain the requirements of a condition report as described in the relevant Act for your state or territory. What are the penalties for non-compliance with the relevant section? ________________________________________________________________________ ______________________________________________________________________ Question 25 a) What is the maximum bond payable? Refer to the specific section of the relevant Act for your state or territory and explain any exceptions.
b) Explain the process for receiving, recording and lodging bonds and security deposits. ___________________________________________________________________________________________________________________________________________________ c) What regulates the establishment and management of trust funds? ________________________________________________________________________________________________________________________________________________________ d) What financial records are required by the landlord? ________________________________________________________________________ CPP40307 Certificate IV in Property Services (Real Estate) © 2016 NREL Page 23 ASSESSMENT TASK 1 e) Who can sign a trust cheque or approve an EFT for a trust account? ________________________________________________________________________ Question 26 Refer to the relevant Act in your state or territory regarding property management and answer the following questions. a) Who is responsible for maintaining the premises? _ b) How should landlords respond to a request for urgent repairs? _ c) What is an urgent repair, as defined in the Act for your state or territory? ________________________________________________________________________ CPP40307 Certificate IV in Property Services (Real Estate) © 2016 NREL Page 24 ASSESSMENT TASK 1 Question 27 a) List three ways in which a lease may be terminated. _________________________________________________________________________ b) What period of notice must be given to the tenant in the following situations? § The owner intends to sell the property with vacant possession § The property was sublet without the landlord’s consent § Non-payment of rent for 14 days or more ___________________________________________________________________________________________________________________________________________________________ c) What is the process for serving notices? _____________________________________________________________________________________________________________________________________________________ d) What statutory and agency documents are required to be completed to terminate a tenancy ______________________________________________________________________________________ e) Under what circumstances can a landlord claim all or part of the bond? ____________________________________________________________________________________________________________________________ CPP40307 Certificate IV in Property Services (Real Estate) © 2016 NREL Page 25 ASSESSMENT TASK 1 __ Question 28 Explain the following terms: a) Freehold or fee simple __________________________________________________________________________________________________________________________________________________ b) Leasehold ________________________________________________________________________ c) Strata title ____________________________________________________________________________ d) Joint tenants __________________________________________________________________________ e) Tenants in common ____________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________ Question 29 a) What is a Certificate of Title? _____________________________________________________________________________ CPP40307 Certificate IV in Property Services (Real Estate) © 2016 NREL Page 26 ASSESSMENT TASK 1 ____________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________ b) What information does a Certificate of Title include? ____________________________________________________________________________________________________________________________ _________________________________________________________________________ Question 30 a) List the different types of methods used for selling property. _________________________________________________________________________________________________________________________________________________ b) What factors influence the choice of method for selling? ________________________________________________________________________ CPP40307 Certificate IV in Property Services (Real Estate) © 2016 NREL Page 27 ASSESSMENT TASK 1 c) What are the benefits and limitations of selling by auction and by private sale? Auction Private sale Benefits Benefits Limitations Limitations Question 31 a) What is an authority to sell? ____________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________ b) Explain the following authorities: Open authority CPP40307 Certificate IV in Property Services (Real Estate) © 2016 NREL Page 28 ASSESSMENT TASK 1 Exclusive authority c) What must be included in an authority to sell? _______________________________________________________________________________________________________________________________________________________ Question 32 What are the legislative requirements and standards in your state or territory regulating commissions in relation to sale of property? ____________________________________________________________________________________ CPP40307 Certificate IV in Property Services (
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In real estate, an assignment refers to the transfer of rights and obligations of a purchase agreement from the original buyer (assignor) to a new buyer (assignee) prior to the building closing and often prior to the building being completed. It allows the original purchaser to sell their interest in a property before its completion ...
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An assignment of contract is when one party (the "assignor") has a contract to which they have certain obligations, and transfers those contractual rights to another party (known as the "assignee"). In real estate, assigning contracts is an effective strategy to achieve an extremely high return on investment (ROI) for as little capital ...
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a) Real estate agent. b) Real Estate Salesperson. c) Property Manager. Question 3 a) Which legislation describes the key licensing and eligibility requirements for agency staff in your state or territory? b) List the eligibility requirements for estate agents license and registered salesperson/property manager certificate in your state or ...
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