EMS 3666 Real Estate Brokerage II

APPLIES TO ACADEMIC YEAR 2016/2017
Norwegian version

EMS 3666 Real Estate Brokerage II


Responsible for the course
Paul H Fjeldheim

Department
Department of Law

Term
According to study plan

ECTS Credits
7,5

Language of instruction
Norwegian

Introduction
Real Estate Brokerage II covers a few particular subject areas within the estate agency business. It is based on Real Estate Brokerage I with an in-depth study of the subject areas farm- and forest properties. Quality assurance of real estate services is also covered in this course.

Learning outcome
Acquired Knowledge
During the course students should:

  • Develop knowledge of the practical consequences of the demands the public, customers, government agencies, real estate business, etc. stand for the exercise of the real estate profession in specific areas.
  • In the field of tax law, students learn about the law of wealth and income taxation and a thorough knowledge of the law on taxation of gains and deductions for losses on disposal of real property.
  • Students should also be familiar with the rules on inheritance tax.

Acquired Skills
After completing the course, students will be able to:
  • Solve problems relating to real estate trading
  • Conduct real estate transactions within the agricultural and forestry properties. Carry out the transaction and prepare them for settlement.
  • Apply the law of the transaction type in practice.
  • Able to handle all document related to the transaction, including the design contracts associated with each transaction.
  • Take a position on questions of taxation on the purchase and sale of property, to the extent that under the law and practice expected of a real estate agent.

Reflection
Students will demonstrate the ability for critical reflection and ethical awareness related to real estate transactions and have an awareness of the legal standards and ethical principles that underlie the rules of real estate legislation.

Prerequisites
The course is based on Real Estate Brokerage I.

Compulsory reading
Books:
Bråthen, Tore og Margrethe Røse Solli, red. 2012. Lærebok i praktisk eiendomsmegling. Del 2. Rev. utg. Norges eiendomsmeglerforbund. Kapittel 1 - 5.
Bråthen, Tore. 2013. Eiendomsmeglingsloven : lov av 29. juni 2007 nr. 73 om eiendomsmegling : kommentarutgave. Universitetsforlaget. Kapittel 3
Rosèn, Karl og Dag Henden Torsteinsen. 2008. Eiendomsmegling : rettslige spørsmål. 2. utg. Gyldendal akademisk. Kapittel 2.4 (internkontroll), 5.7 (dekningssalg)
Sønsthagen, Dag. Skatterett for eiendomsmeglere. Siste utg. Dag Sønsthagen


Book extract:
Falkanger, Thor. 2013. Landbruksrett. Universitetsforlaget. Kap. 4.5 (s. 66 - 105), kap. 4.10 (s. 120 - 128).

Articles:
Falkanger, Thorunn. 2015. Ombygging og kulturminnevern. Tidsskrift for eiendomsrett. nr.1/2015. Gyldendal. Side 74 - 111.

Recommended reading

Other:
Det kongelige landbruks- og matdepartement. 2009. Rundskriv M-2/2009 - Konsesjon og boplikt


Course outline
  1. Agriculture and forestry
    • Similarities/differences with/from housing transactions
    • Importance of concession/allodium for the sale
    • Designing a property description/prospectus
    • Marketing
    • Contract and accompanying documents
  2. Compulsory sale
  3. Quality assessment of the estate agent service and ICT regulation - requirements for estate agencies
  4. Cultural monument
  5. Tax law
    • Tax law regulations and the rules of the Directorate of Taxes on valuation and taxation of real estate.
    • The rules of the Income Tax Act on income taxation of real estate during ownership (direct tax assessment and indirect tax assessment)
    • The income tax rules on taxation of gains and tax allowances for losses incurred in connection with the sale of real estate.
    • Property tax
    • Property value taxation
    • Tax rates used for the various forms of taxation

Computer-based tools
Computer-based tools are not used in this course.

Learning process and workload
The course consists of 40 lecture hours covering the various topics in the syllabus. The lecture plan gives a detailed description of the topics covered.

As part of the teaching programme the students might be divided into small discussion groups and will work on assignments associated with each topic. The assignments will be discussed and reviewed in class after the discussion group work. The lecture form of teaching requires that the students study the syllabus and the rules of law for the topic in question before each lecture. The students are required to bring the code of laws and other study resources to the lectures and become familiar with them while studying the various topics. Parts of the syllabus must be studied through self-tuition.

Students will have the opportunity to submit a written work for correction and feedback.

Recommended workload in hours
Activity
Use of hours
Participation in lectures
34
Discussion group work supervised by the lecturer
6
Preparations for lectures
45
Self-tuition / reading syllabus
48
Work on assignments
60
Examination
5
Total recommended use of hours
200



    Examination
    A five-hour individual written exam completes the course.
    Examination code(s)
    EMS 36661 Written examination which accounts for 100 % of the grade in EMS 3666 Real Estate Brokerage II, 7,5 credits.

    Examination support materials
    The Norwegian code of laws or another printed compilation of laws, reprints of laws and regulations, law texts, draft laws (the text only) and Ethical rules for the Norwegian Real Estate Association. The students are required to acquire and use the latest editions of relevant laws and regulations.

    Examination support materials at written examiniations are explained under examination information in the student portal @BI. Please note use of calculator and dictionary. https://at.bi.no/EN/Pages/Exa_Hjelpemidler-til-eksamen.aspx


    Re-sit examination
    Re-sit examiniation is offered every term.

    Additional information