NFOPP Level 4 Certificate in the Sale of Residential Property Comparison Sheet

Transcription

1 The Level 4 Certificate in the Sale of Residential takes Unit 1 from the NFOPP Technical Award in Sale of Residential Unit 1 Health and Safety, Security and General Law a. Health and Safety at Work etc Act 1974 and security issues relating to self and others both within the workplace and outside when dealing with appraisals and viewings b. Safety and security issues on building sites c. Safety and security issues on empty and occupied property, including dealing with keys and information d. General legal concepts as they relate to the provision of estate agency services and new home sales e. Basic land law: freehold, commonhold and leasehold; easements and covenants Basic contract law: offer, acceptance and consideration g. Tort: negligence, occupiers liability and vicarious liability h. Discrimination: age, sex, race, and disability i. Data Protection Act 1998 j. Money Laundering Regulations 2007, Proceeds of Crime Act 2002 The Level 4 Certificate in the Sale of Residential takes Unit 2 from the NFOPP Technical Award in Sale of Residential Unit 2 Law Relating to Residential Sales a. Common law duties of the estate agent and sales staff; authority including agent of necessity b. Estate Agents Act 1979, Estate Agents (Provision of Information) Regulations 1991, Estate Agents (Undesirable Practices) (No.2) Order 1991, and Estate Agents (Specified Offences) Order 1991; in particular complying with s18, knowledge of connected persons and personal interests; trigger mechanisms leading to warning and prohibition orders; rules for dealing with deposits and clients money c. Misdescriptions Act 1991: what constitutes a

2 statement under the Act, what are the specified matters, who polices the Act and what penalties can be imposed, use of disclaimers, due diligence procedures d. Sale of Goods Act 1979: s14 e. Energy performance certificate (EPC) regulations f. Financial Services and Markets Act 2000 and Consumer Credit Act 1974 in relation to the provision of financial services and advice within the agency practice g. Town and Country Planning Act 1990: development, enforcement, agents boards, new homes h. Consumers, Estate Agents and Redress Act 2007 and ombudsmen services i. Cancellation of Contracts Made in a Consumer s Home or Place of Work etc Regulations 2008, Consumer Protection from Unfair Trading Regulations 2008, Unfair Terms in Consumer Contracts Regulations 1999 Unit 3 Legal Aspects Relating to Residential Estate Agency a. General legal concepts: 1. contract: formation and privity, terms and exclusion clauses, misrepresentation, termination. Conditional contracts, option agreements, overage agreements, lockouts 2. tort: negligence, vicarious liability 3. property law: estates and interests in land - freehold, leasehold, commonhold, covenants and easements b. The Estate Agents Act 1979 and subordinate legislation c. Conflict of interests d. Misdescriptions Act 1991 e. Provision of financial services: licences and supervision of organisations f. Contracts for the sale of land: the conveyancing process; e-conveyancing g. Cancellation of Contracts Made in a Consumer s Home

3 or Place of Work etc Regulations 2008, Consumer Protection from Unfair Trading Regulations 2008, Unfair Terms in Consumer Contracts Regulations 1999 Unit 4 Practice Relating to Residential Estate Agency a. Professional ethics and codes of practice, responsibilities of an estate agent to: the client; applicants; the firm and colleagues; b. Sources of instructions: initial response; negotiation of the type of agency; alternative methods of sale: auction, private treaty, tender; advice on methods of sale to the seller c. Legislation to be followed at instruction stage: Cancellation of Contracts Made in a Consumer s Home or Place of Work etc Regulations 2008, Consumer Protection from Unfair Trading Regulations 2008, Unfair Terms in Consumer Contracts Regulations 1999, Money Laundering Regulations 2007 and Proceeds of Crime Act 2002 d. The market appraisal process: 1. preparation for the market appraisal 2. structure of a market appraisal appointment: the nature of the property, client requirements, winning instructions e. After the market appraisal, correspondence and followup f. Preparing property particulars: Misdescriptions Act 1991,measurement of land and property, provision of energy performance certificate; marketing strategy g. Marketing properties: SWOT, AIDA, use of technology and the media h. Dealing with applicants, qualification and cross selling i. The agent s duties and the procedures to be followed following receipt of instructions: 1. customer contact 2. working to a marketing plan, marketing updates and price adjustments 3. selling techniques, methods and approaches 4. arranging and conducting viewings,

4 5. viewing feedback 6. dealing with and negotiating offers 7. agreeing a sale 8. instructing solicitors j. Progressing sales: dealing with common problems, chains, surveys, mortgages and leasehold property k. Mortgages: Council of Mortgage Lenders Declaration, mortgage arrears, negative equity and dealing with repossessions Unit 5 Market Appraisal and Valuation Relating to Residential Estate Agency a. Supply and demand theory b. Valuation bases: valuation standards, market value and projected market value c. Factors affecting property value: location, situation, type of property, style of property, construction method, age of property, size of property, area of land, tenure, occupancy restrictions, time of transaction, external and internal condition, planning and building regulation approvals d. Valuation methodology: Comparable (Comparative), investment and residual methods e. Application of valuation techniques: valuation role of the estate agent, market research and information; methods in specific situations, formal valuations; divorce, insurance and taxation; automated valuation models (AVM s); valuations for investment and development f. General principles of leasehold enfranchisement and the evaluation of short leasehold property; compulsory purchase and blight g. Market appraisal, maximising value in the sales process and managing client expectations Unit 6 Building Design and Defects for Residential Estate Agency

5 a. Understanding and recognition of buildings: age, style and design b. Basic construction: foundations, floors, walls and roofs c. Understanding the design, and construction of services: 1. above and below ground drainage 2. hot and cold water supplies 3. heating systems 4. gas and electricity supplies and distribution d. Recognition, causes and remedies of common defects in property: 1. structural problems: settlement, subsidence, slippage, heave, wall tie failure androof spread 2. timber defects: dry rot, wet rot and woodworm 3. damp: rising, penetrating and condensation e. Recognition, causes and remedies of common defects in services f. The effect of design and materials: in thermal and sound insulation performance; in fire resistance and in the means of escape in buildings g. Energy efficiency in buildings: sustainability and renewable energy h. Town and country planning: planning consent, change of use; alterations and extensions; conservation areas and listed buildings; i.environmental issues: contamination and pollution, flooding and hazardous materials Unit 7 Introduction to Office Management a. Role of the manager 1. Leader/manager 2. Organising and planning 3. Delegation b. Responsibilities of the manager 1. Leadership and team building, team competition 2. Motivation 3. Communication: informal, formal, meetings c. Planning 1. Office diary management 2. Managing workloads and tasks 3. Holiday sickness and absence 4. Crisis management

6 d. Staff safety and security procedures 1. Premises and staff security 2. Implementing and monitoring procedures 3. Dealing with difficult people e. Office and staff presentation 1. Attitudes and images (office, staff, vehicles) 2. Maintenance and décor 3. Quality and currency of display f. I.T. 1. Policies and procedures including internet and , inappropriate use 2. Data protection 3. Security and back-up procedures 4. Hardware, software and maintenance Unit 8 Advanced Office Management a. Budgeting 1. Understanding profit and loss and management accounts 2. Fixed and variable costs 3. Cash flow forecasting b. Principles of reporting and record keeping 1. Key performance indicators 2. Collecting, collating, analysing and utilising c. Conflict Management and Complaints 1. Conflict with customers - complaints 2. Conflict with staff 3. Conflict between staff d. Recruitment 1. Resource planning, reviewing staff needs 2. Getting applicants, job description, person specification, short listing 3. Interview: preparing for interview, interviewing against person specification, interviewing skills 4. References and use of Terms and conditions of employment 5. Induction: policies and procedures, expectations, probation, feedback 6. Discrimination and harassment in employment e. Managing performance Appraisals: feedback, communication, setting objectives Dealing with unsatisfactory performance: 1. Grievance procedures 2. Disciplinary procedures 3. Dismissal and redundancy f. Self management (for the manager and the staff) 1. Time management 2. Stress management g. Training and development

7 1. Analysing training needs, having a training plan, evaluating training 2. Learning cycle, one-to-one training, coaching, delegation 3. Personal development and CPD Please return this completed comparison along with a copy of the syllabus and certificate for the comparable qualification to: applications@nfopp.co.uk or NAEA Arbon House Tournament Court Edgehill Drive Warwick CV32 6LG If you require further assistance please call the membership team on