The purpose of this semester 1 module is to provide the student with a general understanding of the Irish legal system and an appreciation of the terminology used in the legal profession; to increse the student's awareness of the legal issues relevant to the Estate Agency Profession.
Sources of Law:
Sources of Law; Common Law; Equity; Legalisation; Constitutional Law; European Law (outline only)
Registration as Estate Agent:
The Property Services (Regulation)Act 2011;Licensing requirements; Code of Practice.
Contract:
Definition of a contract, Formation and validity of contract, Misrepresentation Form and contents of contract leading to Statute of Frauds 1695 and the Land and Conveyancing Law Reform Act (2009); Doctorine of Part Performance with reference to recent Irish Case Law. The Open Contract. The Law Society Standard Contract. General conditions and special clauses.
Tort:
Definition, Negligence - including professional negligence; strict liability; occupiers liability.
Agency:
Creation of agency, relationship with principal, authority to act, Rights and Obligations, Liabilities & Duties of Estate Agents; Termination of Agency (Improper conduct PSR Act 2011, GDPR, Moneylaundering, Equality meaning and penalties).
Mortgages
Definitions. Types. Legal obligations. Judgement mortgages.
Company Law
Separate Legal Personality. Companies / Sole Traders / Partnerships. Compliance.
Ownership of property & Registration of Title
Freehold and leasehold estates including easements and covenants. Registration of Deeds and Title Act 2006, Property Services Regulator Authority.
Introduction to Landlord and Tenant law
Residential Tenancies Act 2004, Private Residential Tenancies Board, Landlord and Tenants Rights and Obligations.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Other Assessment(s) | 40 |
| Formal Examination | 60 |