Description
In this 1.5 point elective session we look at how special conditions are written by sales representatives and what affect they have on the contract.
We also look at the difference between a condition and a warranty as well as how to construct a special condition that not only protects the contracting parties but allows for deadlines to be achieved and smooth settlements to take place.
Writing appropriate special conditions is a critical consideration in terms of risk management for all sales agencies. If special conditions are done correctly, complaints are minimised.
We discuss the contracting parties needs, motivations and anxieties; whether financial, emotional or otherwise.
- What is the buyer / seller actually trying to say in that special condition?
- Where is the money coming from?
- Does the buyer truly and fully understand the contract and the terms contained therein?
- Does the seller fully understand the implications of the contract they are about to accept?
- Are there any potential nightmares that we are failing to see?
This will be covered in the context of Contract Law, Privity of Contract, Common law duties of an agent, the REBA Act, and the Code of Conduct.
This session is suitable for registered sales representatives and licensed agents
