SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate knowledge and understanding of the legislation applicable to real estate practice 
SAQA US ID UNIT STANDARD TITLE
246733  Demonstrate knowledge and understanding of the legislation applicable to real estate practice 
ORIGINATOR
SGB Real Estate 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 11 - Services Cleaning, Domestic, Hiring, Property and Rescue Services 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04  12 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is for learners seeking to enter the Real Estate profession or someone already in the Real Estate profession wishing to enhance his/her competences. This unit standard will enable a learner to demonstrate an understanding of basic property law and how it relates to the Real Estate industry.

The qualifying learner is capable of:
  • Demonstrating knowledge of the principles of contract law relating to real estate.
  • Demonstrating knowledge of the specific contracts relevant to real estate transactions.
  • Demonstrating knowledge of legislation affecting immovable property transactions.
  • Demonstrating knowledge of legislation regulating the estate agent and estate agencies. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is assumed that the learner accessing this standard will be competent in Communications and Mathematical Literacy at NQF Level 3 or equivalent. 

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate a basic working knowledge of the principles of contract law and contracts relating to real estate. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A contract is defined and the legal requirements of a contract are understood and explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Contract requirements include agreement, contractual capacity, intention to be legally bound, legality of purpose, possibility of performance and formalities, verbal and written contracts.
     

    ASSESSMENT CRITERION 2 
    Contract law concepts are understood and explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Contract law concepts include but are not limited to essential terms, natural terms, incidental terms, express term, implied term, valid contract, void contract, voidable contract.
     

    ASSESSMENT CRITERION 3 
    The circumstances under which contracts terminate are understood and explained. 

    ASSESSMENT CRITERION 4 
    The concepts of breach of contract, damages and specific performance are understood and applied to real estate transactions with examples. 

    SPECIFIC OUTCOME 2 
    Demonstrate a basic working knowledge of the specific contracts relevant to real estate transactions. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The essential and natural terms of agency and mandate contracts in relationship to dealing in and managing immovable property are understood and explained. 

    ASSESSMENT CRITERION 2 
    The essential and natural terms of the purchase and sale contracts in relationship to immovable property are understood and explained. 
    ASSESSMENT CRITERION RANGE 
    Contracts include but are not limited to sectional title, freehold, options, fractional ownership, shareblock, cluster and retirement schemes, pre-emptive rights.
     

    ASSESSMENT CRITERION 3 
    The essential and natural terms of contract of letting and hiring in relationship to immovable property are understood and explained. 

    SPECIFIC OUTCOME 3 
    Demonstrate a basic working knowledge of law and legislation relating to immovable property transactions. 
    OUTCOME RANGE 
    Law and legislation includes but is not limited to FICA, sectional title, rental housing act, town planning and zoning. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Important common law and legislative provisions affecting rights in immovable property are understood and explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Provisions include, but are not limited to servitudes, mineral and other rights in and over land, and mortgage.
     

    ASSESSMENT CRITERION 2 
    Important common law and legislative provisions affecting the competencies of natural persons dealing in immovable property are understood and explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Provisions include the Matrimonial Property Act, contractual capacity of natural persons.
     

    ASSESSMENT CRITERION 3 
    Important legislative provisions relating to property titles and their registration are understood and explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Provisions include, but are not limited to Sectional Titles Act, Shareblock Act, National Credit Act, and Deeds Registry Act.
     

    ASSESSMENT CRITERION 4 
    Important legislative provisions affecting the competencies of legal entities dealing in immovable property are understood and explained with examples. 
    ASSESSMENT CRITERION RANGE 
    Provisions include, but are not limited to the Companies Act and Close Corporations Act.
     

    SPECIFIC OUTCOME 4 
    Demonstrate a basic working knowledge of law and legislation regulating the estate agent and estate agencies. 
    OUTCOME RANGE 
    The law and legislation includes but is not limited to Estate Agency Affairs Act, Matrimonial Act, Deed of Alienaton Act, Rental Housing Act, FICA Act, Witholding Act, Coastline Act. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The main provisions of the Estate Agency Affairs Act as it affects the estate agent are understood and applied. 

    ASSESSMENT CRITERION 2 
    The functions of the Estate Agency Affairs Board are understood and explained. 

    ASSESSMENT CRITERION 3 
    The duties and obligation imposed on estate agents by the Act are explained and understood. 

    ASSESSMENT CRITERION 4 
    The rules relating to trust moneys monies and fidelity fund certificates are understood and explained. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Any individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • Estate Agency Terminology.
  • Legal Terminology.
  • General legal provision pertaining to contracts.
  • General legal provision pertaining to estate agents.
  • Current acts and legislation impacting Real Estate including:
    > FAIS Act.
    > Property Valuers Profession Act.
    > Rental Housing Act.
    > Share Block Control Act.
    > Housing Development Schemes for Retired Persons Act.
    > The Alienation of Land Act.
    > The Estate Agency Affairs Act.
    > Sectional Titles Act. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems using critical and creative thinking processes to demonstrate a basic working knowledge of, and apply, the law applicable to real estate and real estate practice to the general community. 

    UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, group, organisation or community to demonstrate basic working knowledge of, and apply, the law applicable to real estate and real estate practice. 

    UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsibly and effectively in order to effectively demonstrate basic working knowledge of, and apply, the law applicable to real estate and real estate practice and gather the necessary knowledge and skills to enhance own work context. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information in order to demonstrate basic working knowledge of, and apply, the law applicable to real estate and real estate practice. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical and/or language in the modes of oral and/or written persuasion to demonstrate basic working knowledge of, and apply, the law applicable to real estate and real estate practice. 

    UNIT STANDARD CCFO SCIENCE 
    Use science and technology effectively and critically, showing responsibility to the environment and health of others to keep abreast of the latest developments of the law applicable to real estate and real estate practice. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Demonstrate an understanding of the world as a set of interrelated systems by recognising that the law applicable to real estate and real estate practice do not exist in isolation and is affected internal and external factors in defining the overall service delivery objectives. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Participate as responsible citizens in the life of local, national and global communities by demonstrate a basic working knowledge of the law applicable to real estate and real estate practice to add value to own work context and service delivery. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  59097   Further Education and Training Certificate: Real Estate  Level 4  NQF Level 04  Reregistered  2023-06-30  SERVICES 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    NONE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.