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Understanding the legal, contractual and financial aspect of Real Estate.

Understanding the Legal, Contractual and Financial Aspect of Real Estate.

MQF Level 4

Date – TBC
Duration – 10 hours – 2 weeks
Accredited – Yes
Price – Price (Local/EU) – Euro 150

Module Description

This module allows learners to become knowledgeable and skilful within the “sale of property” process, their applicable immovable, tax, stamp duty, and Capital Transfer tax legislation together with requirements from Notaries, Lawyers, Architects, Planning and related professionals.

The learner will also become knowledgeable about rental legislation, the rental market as well as the various buy to let opportunities.

Entry Requirements

Students should be in possession of a minimum School Leaving Certificate MQF Level 3

AND

License of estate agent, broker, or consultant

AND/OR

Be in possession of one of the following:

(a) Secondary Education Certificate in English as issued by Matsec at grade 5 or higher.”

(b) Or IELTs 6.0

(c) Or an equivalent qualification.

Audience

Learning Outcomes

At the end of the module/unit the learner will have acquired the responsibility and autonomy to:

  1. Understands and assist in the sale process of a property.
  2. Capable to guide parties with regards to Immovable Property Legislation.
  3. Assess and inform parties and stakeholders about searches process and documentation required by the Notary Public together with information about Tax dues, tax exemptions and incentives to buyers and sellers.
  4. Understand the importance about Stamp Duty and Capital Transfer Tax dues when computing financial analysis to stakeholders.
  5. Capable to be aware of Legal requirements and implications and direct parties accordingly.
  6. Capable to explain and direct clients with regards to Notarial matters from Promise of sale to Deed of Sale, ensures that the property is free from any burdens, waiver of warranties and enjoys peaceful possession.
  7. Capable to guide Vendors and Purchasers on Servitude compliance, condominium compliance and different types of Ground Rents.
  8. Assist and guide during different rental contracts and able to distinguish contractual obligations between Landlord and Tenant.
  9. Capble to understand Architects important matters required during listing and sales process, Planning Authority legislation, Planning Permit requirements and Planning restrictions.
  10. Capable to conduct and research statistical and economic factors of the rental market, conduct analysis on the Buy-to-Let market and direct clients accordingly and be knowledgeable about Sales Aspects.
  11. Evaluate any incumbencies and property burdens which might affect the conduct of deed of sale, ensures that the property enjoys peaceful possession and assist in the waiver of warranties.

At the end of the module/unit the learner will have acquired the following skills:

  1. Understand sales process from a management point of view.
  2. Analyse the Immovable Property Legislation
  3. Capable of understanding the importance of searches and transfer tax values.
  4. Understand how stamp duty and capital tax gains are calculated.
  5. Understand importance and requirements of correct permits obtained from the Planning Authority and understand measures available for correcting certain minor permit discrepancies.
  6. Understand the importance and role of the architect at different stages of the property intermediation.
  7. Capable to understand the Notarial and Contractual processes involved at sales processes.
  8. Understand the buy to let market and its economy.
  9. Understands how to conduct a sales and rental market analysis.
  10. Evaluate Sale contract process from promise of sale till deed of sale and understands rental property contractual obligations and differences between various contracts.
  11. Assess full knowledge of contracting parties’ obligations both at Sale and Lease stages.
  12. Understand the contractual obligations including servitude legislations, condominium compliance and different ground rent forms.
  13. Assess warranties carried by the property and waiver process of such warranties.

Assessment

This module shall be assessed by way of an assignment.  Learners must obtain a minimum of 50% of the total mark to successfully pass from the module. In the case that learners do not pass on the first try, learners can re-sit the examination. In the case of recurring failure, learners shall be asked to re-do the module.

Assignment

Intake dates

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