Case study 1: The invented competing offer

A negotiator tells a buyer that another offer has been received to encourage the buyer to increase their offer. No other offer exists.

Correct approach

This is dishonest and misleading. Employees must never invent offers, applications or competing interest. Only genuine offers should be communicated, and transaction records should be accurate.

Case study 2: The unlawful landlord instruction

A landlord tells MyEstate not to consider applicants of a particular nationality.

Correct approach

The instruction must not be followed. The employee should explain that MyEstate cannot act on discriminatory instructions and immediately refer the matter to a manager. A factual record should be retained.

Case study 3: The unconfirmed parking space

A seller says that a parking bay belongs to the property, but the employee has not seen any documentary confirmation.

Correct approach

The parking space should not be advertised as legally belonging to the property unless the position is confirmed. The particulars may state that parking information is subject to verification, but wording must not create a false impression.

Case study 4: Pressure to use an associated broker

A buyer is told that their offer will be taken more seriously if they use MyEstate’s recommended mortgage broker.

Correct approach

The buyer may be offered the service, and the benefits may be explained, but the offer must not be disadvantaged because the buyer chooses another provider. Any referral arrangement or fee must be disclosed appropriately.

Case study 5: An unauthorised fee refund

An administrator promises to refund a fee after a customer complains, although the administrator has no authority to approve refunds.

Correct approach

The employee should acknowledge the concern but explain that the request must be reviewed by an authorised manager. No commitment should be made before approval.

Case study 6: A mistake in property particulars

An employee discovers that a property advertised as having three bedrooms only has two recognised bedrooms and a converted storage room.

Correct approach

Marketing should be corrected promptly, colleagues should be informed and affected applicants should receive the corrected information. The issue and corrective action should be recorded.

Case study 7: Confidential seller information

A seller tells the agent privately that they would accept substantially less than the asking price. A buyer asks the negotiator to reveal the seller’s lowest acceptable figure.

Correct approach

The negotiator must not disclose the seller’s confidential position without authority. The buyer may submit any offer they wish, which should be recorded and communicated in accordance with the applicable procedure.

Case study 8: Repair concern dismissed

A tenant reports water entering through a light fitting. An employee assumes it is an exaggeration and delays passing the report to the property manager.

Correct approach

The report presents a possible electrical and safety risk. It should be recorded accurately and escalated immediately under MyEstate’s emergency-repair procedure.

Module Summary

All MyEstate employees are expected to:

1. Act honestly, fairly and professionally;
2. Understand the difference between clients and other customers;
3. Follow lawful instructions;
4. Provide accurate and sufficiently complete information;
5. Avoid pressure, deception and conditional selling;
6. Treat people consistently and respectfully;
7. Protect confidential information;
8. Maintain professional boundaries;
9. Work within delegated authority;
10. recognise conduct that may cause harm;
11. Refer serious or uncertain matters to a manager; and
12. Keep adequate records of communications, instructions and decisions.