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Elements and Performance Criteria

Establish needs and expectations of relevant parties.
- Clear and open discussions are held with relevant parties to clarify issues and identify desired outcomes in line with agency practice and legislative requirements.
- Consequences of not reaching agreement are identified and other alternatives are determined.
Negotiate with parties involved in property transactions to reach a desired outcome.
Manage potential and real disputes with parties to property transactions.
- Areas of dispute are analysed and evaluated according to agency procedures and market expectations to enable resolution of dispute.
- Further negotiation and clarification of lease or sale is carried out until agreement is reached to the satisfaction of all parties.

Required Skills

This section describes the essential skills and knowledge and their level required for this unit

Required skills

ability to communicate with and relate to a range of people from diverse social economic and cultural backgrounds and with varying physical and mental abilities in order to come to an effective agreed outcome

analytical skills to interpret documents such as authorities leases contracts of sale legislation and regulations

application of risk management strategies associated with property transactions

computing skills to access agency databases send and receive emails and complete standard forms online

decision making and problem solving skills to know how to deal with unexpected questions or attitudes

literacy skills to access and interpret a variety of texts including authorities contracts of sale leases legislation and regulations prepare general information and papers prepare reports and formal and informal letters

negotiation skills to negotiate difficult situations and resolve problems as they arise

numeracy skills to calculate and interpret data such as estimated selling price commissions rents bonds and security deposits that may be the subject of dispute between parties to a property transaction

planning organising and scheduling skills to plan conduct and finalise negotiations between parties to a property transaction

research skills to identify and locate documents and information relating to leases and contracts of sale

Required knowledge and understanding

agency policies and procedures for negotiations

alternatives to negotiation including

conciliation and mediation

conflict resolution strategies and techniques

decision making strategies

ethical standards

negotiation approaches and techniques

questioning techniques

relevant federal and state or territory legislation and local government regulations relating to

antidiscrimination and equal employment opportunity

consumer protection fair trading and trade practices

employment and industrial relations

financial services

property sales and management

rights and duties of parties to property transactions

risks and risk management strategies

typical issues and problems in property management that may need to be negotiated with tenants and landlords including

access to property

bonds and security deposits

condition reports

disclosure statements

leases and tenancy agreements

property inspections

renewal of leases and tenancy agreements

rent reviews and increases

rent or lease payments

repairs and maintenance

termination of leases and tenancy agreements

typical issues or problems in property sales that may need to be negotiated with sellers and buyers including

access to property during settlement period

conditions of sale

marketing activities and budget

methods of sale

property conditions and improvements

property inspections

selling price range

settlement period

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge the range statement and the Assessment Guidelines for this Training Package

Overview of assessment

This unit of competency could be assessed through practical demonstration of effectively managing negotiations with all parties to a property transaction Targeted written including alternative formats where necessary or verbal questioning to assess the candidates underpinning knowledge would provide additional supporting evidence of competence The demonstration and questioning would include collecting evidence of the candidates knowledge and application of ethical standards and relevant federal and state or territory legislation and regulations This assessment may be carried out in a simulated or workplace environment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

A person who demonstrates competency in this unit must be able to provide evidence of

effectively managing negotiations with all parties to property transactions in line with agency practice and legislative requirements that result in mutually acceptable agreements for the negotiating parties

knowledge of agency practice ethical standards and legislative requirements relating to negotiations and conflict resolution with different parties

knowledge of negotiation and conflict resolution techniques relevant to dealing with parties in property transactions

managing potential and real disputes between all parties in property transactions

using effective negotiation techniques to persuade and reach agreement between the parties

using effective techniques for dealing with conflict and breaking deadlocks in negotiations with the parties

Context of and specific resources for assessment

Resource implications for assessment include

access to suitable simulated or real opportunities and resources to demonstrate competence

assessment instruments that may include personal planner and assessment record book

access to a registered provider of assessment services

Where applicable physical resources should include equipment modified for people with disabilities

Access must be provided to appropriate learning andor assessment support when required

Assessment processes and techniques must be culturally appropriate and appropriate to the language and literacy capacity of the candidate and the work being performed

Validity and sufficiency of evidence require that

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the persons competence

all assessment that is part of a structured learning experience must include a combination of direct indirect and supplementary evidence

where assessment is for the purpose of recognition RCCRPL the evidence provided will need to be current and show that it represents competency demonstrated over a period of time

assessment can be through simulated projectbased activity and must include evidence relating to each of the elements in this unit

In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions and will reflect the requirements of the competency and the work being performed

Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Issues may include:	issues for property management, such as: access to property bonds and security deposits condition reports disclosure statements leases and tenancy agreements property inspections renewals rental arrears rent reviews and increases rent or lease payments repairs and maintenance terminations issues for property sales, such as: access to property during settlement period offers conditions of sale deposits marketing activities and budget method of sale property conditions and improvements.
Legislative requirements may include:	relevant federal, and state or territory legislation and local government regulations relating to: anti-discrimination and equal employment opportunity consumer protection, fair trading and trade practices employment and industrial relations financial services leases OHS privacy property sales and management.
Alternatives may include:	alternative outcomes: property management - new lease or agreement, and voiding lease or agreement property sales - amendment or new condition in contract of sale, and termination of contract of sale alternative ways of resolving dispute: conciliation and mediation courts tribunals.
Relevantinformation may include:	condition reports financial records and receipts lease documentation property reports sale documentation statement of rights and duties of all parties to property transaction third-party reports.
Negotiation approach may be:	collaborative competitive subordinate.
Effective negotiation techniques may include:	analytical skills listening techniques non-verbal communication skills personal attributes presentation techniques questioning techniques speaking skills.
Effective techniques for dealing with conflict and breaking deadlocks may include:	calling in a third party clarifying the positions of all parties deferring the decision preparing a compromise restating the position summarising the progress to date.
Agreement may include:	follow-up action issues or undertakings to be completed, allocated or referred time lines.