Thriving in changing times - the 2019 Residential Property Management Conference
Join us at the Hilton Auckland on Friday 2 August to hear from a strong lineup of property management specific speakers, set to present on a series of topics to help you in your day-to-day work life.
Hosted by Simon McKinney, with sessions from Lisa O’Neill, Dr Annette Beautrais, Steve Watson, Lisa Gerrard and Sheree Nicholas.
Discounts are available for groups of 5 or more - contact the events team for more details.
Actual or potential conflict of interest?
The complainant in this case claimed that the Licensee had failed to disclose her interest in a development (the Development) of townhouses which, according to the complainant was a direct conflict of interest with the complainant’s development. The company the Licensee was associated with evidenced that she was a director and 50% shareholder.
Facts: On 1 March 2015, an Agency Agreement (General Agency) was signed with the complainant for sale of the apartments (the Apartments). In Early March 2015, the complainant provided a database (Database) of potentially interested purchasers to the Licensee. In March 2015, the company entered into an Agreement for Sale and Purchase concerning the Development land. On 30 March 2015, the marketing of the Apartment’s took place. On 3 August 2015, the complainant cancelled the agency agreement. On 2 November 2015, the complainant found out that the Licensee was involved in the Development.
Potential to compete: The developments were within 200 metres of one another. The Apartments had a body corporate and the Development’s townhouses did not, and the advertising had similar and dissimilar aspects to it.
Given the above, the CAC acknowledged that the developments were not the same however, did not accept that the developments were so different that there would be no potential for competition for buyers.
Conflict of interest: A conflict of interest can be actual or potential. A potential conflict of interest is when there is potential for the interests of the Licensee/Agency to conflict with those of the client.
The CAC found that the evidence did not establish actual conflict of interest but that there was a potential conflict of interest. The Licensee owed a fiduciary duty to the complainant. The conflict arose because of the Licensee’s interest in the Development which, once marketing commenced, could be in competition with the Apartments. Even though the Licensee had not marketed the property during the agency, she took steps towards that. She also had the potential to use the Database for her own benefit, regardless of whether she did or not.
The CAC found that the Licensee/Agency had breached their fiduciary obligations under Rule 6.1 of the Professional Conduct and Client Care Rules 2012 and breached Rule 9.15 where a licensee must not engage in an activity which could reasonably be expected to compromise the discharge of a licensee’s obligations. The CAC also found that the Agency breached Rule 8.3 in failing to properly supervise salespersons.
Finding: A finding on unsatisfactory conduct was made.
You can find the decision here.
Tip: The lesson for agents from this case is that there does not need to be an actual conflict of interest for them to be in breach of their obligations and therefore, should err on the side of caution when assessing their interests.
Verifiable Training
New Plymouth Verifiable Training - LAST CHANCE
Wednesday 15 & Thursday 16 May
Registration deadline Thursday 9 May - a $50 per person late fee will apply after this date.
Check online for a full list of regional training sessions or the newly released online training packages!
Please note: In 2019 the AML Verifiable training topic is mandatory and no exemptions apply.
Appraisals and You - Staying safe with the REA - LAST CHANCE!
Friday 10 May
Hosted by Graham Crews, this is a must-see 2-hour workshop that ensure you have the clarity and understanding required when it comes to appraisals. This detailed session will get right to the heart of appraisals, covering off what you need to know in order to be compliant.
Book in now!
Can't make the session in Auckland? Join the Live-Streamed Webinar
Tom Panos - Wellington - Modern Agent 2020
Friday 17 May
This workshop will cover how to create a repeatable scalable business; using video and social media to 2x your business; creating urgency in a non-urgent market and more!
Book in now!
Auctioneering Rising Stars Workshop
Monday 27 May
Mark Sumich Chief Judge says "if you want to enter and potentially win this years' Colin Brown Memorial (for best Rising Star) at the REINZ National Auctioneering Champs, it would be prudent to come to the 1-day refresher course in Auckland on the 27th of May - this will hone the skills you already have into a potentially winning performance in June."
Book in now!
Code of Conduct Workshop
Wednesday 29 May
Presented by Richard Hern (Wynn Williams) this workshop will present a thumbnail sketch and basic toolbox for dealing with complaints and charges relating to the Code of Conduct.
Book in now!
Verifiable Dates for 2019
| Region | Dates | Location | |
|---|---|---|---|
| May | |||
| New Plymouth | 15 - 16 | Novotel | Book Now |
| Hamilton | 29 - 30 | Workingmen's Club | Book Now |
| June | |||
| Taupo | 5 - 6 | Suncourt Hotel & Conference Centre | Book Now |
| Invercargill | 5 - 6 | Ascot Park Hotel | Book Now |
| Rotorua | 19 - 20 | Copthorne Rotorua | Book Now |
| Timaru | 19 - 20 | The Grosvenor | Book Now |
| July | |||
| Palmerston North | 3 - 4 | Hotel Coachman | Book Now |
| Nelson | 24 - 25 | Trailways Hotel | Book Now |
| August | |||
| Kerikeri | 7 - 8 | Kingston House | Book Now |
| Napier | 21 - 22 | Napier Conference Centre | Book Now |
| September | |||
| Tauranga | 4 - 5 | Waverly on Wairoa | Book Now |
| Auckland 2 | 25 - 26 | Events on Khyber | Book Now |
| October | |||
| Christchurch 2 | 16 - 17 | The Atrium | Book Now |
Regional Events
New Plymouth Regional Meeting - LAST CHANCE!
Wednesday 15 May, 4:00pm - 5:30pm
Join REINZ Chief Executive Officer Bindi Norwell as we bring you the 2019 Thames Regional Update held at the Novotel Hotel. Drinks and nibbles will be supplied, registrations for catering and CPD purposes.
Sports Tournaments
Auckland Golf Tournament - LAST CHANCE!
Thursday 16 May, 10:30am - 5:30pm
Entry includes green fees, prize table, first drink and after match platters. Thank you to our sponsors Property Press, Mercedes-Benz and Barfoot & Thompson. This event is open to REINZ Members, partners and clients. Registrations close on Friday 9th May (unless sold prior).
Registration will be open on the day from 10:30am. Prizes will be awarded for Stableford Competition and Men's & Ladies Gross.
For more information, please contact Events@reinz.co.nz
2019 RPM CONFERENCE - THRIVING IN CHANGING TIMES
Friday 2 August, Hilton Hotel Auckland
This not-to-be missed Property Management Conference is hosted by Simon McKinney and filled with a great line-up of speakers such as Lisa O’Neil, Dr Annette Beautrais, Steve Watson, Lisa Gerrard and Sheree Nicholas.
Breakout sessions will be available for Property Managers, Business Owners and Administrators.
Registration includes Cocktail Networking Drinks where the winner of the ‘2019 Recognition of Contribution to the Property Management Industry’ will be announced.
Inspire | Motivate | Connect - 2019 YPIRE Conference
Wednesday 18 September
For young professionals in real estate, those new to the industry, the young at heart or anyone interested in the amazing speaker lineup.
With a great lineup of speakers including Tom Panos, Jake Millar and Lisa King, the 2019 YPIRE Conference is one you do not want to miss!
Grab your earlybird tickets before 31 May for the best pricing!
For all REINZ Events, click here.
| May | |||
| New Plymouth Regional Meeting | 15 May | 4.00pm - 5.30pm | Novotel New Plymouth |
| Auckland Golf Tournament | 16 May | 10.30am - 5.30pm | Akarana Golf Club |
| June | |||
| NZ Auctioneering Championships - Draw | 23 June | 5.30pm - 7.30pm | REINZ, Auckland |
| NZ Auctioneering Championships - Heats | 24 June | 10am - 5pm | REINZ, Auckland |
| NZ Auctioneering Championships - Finals | 25 June | 10am - 6pm | REINZ, Auckland |
| Septmber | |||
| Inspire | Motivate | Connect Conference | 18 September | 10am - 7pm | Shed 10, Auckland |
Highlighting FlexiSign's key benefits
Following the launch of the FlexiSign mobile compatible site a few weeks ago, REINZ has been gathering feedback from users as to what they think are the key benefits:
- The notes panel enables you to quickly guide your vendor or purchaser to the relevant information in the agreement. It also allows everyone in the negotiation process to easily keep track of any changes made to the agreement
- Receiving an email notification each time someone is reviews the agreement means that you know exactly where the negotiation is at. It also means that you can call your either client and guide them through the process
- The flexibility to send the agreement to remote places at the most convenient time for your vendor to make those important decisions. You are not relying on people having access to faxes or printers anymore, more flexibility means more opportunities to get sales over the line.
REINZ works in partnership with NetYourJob recruitment to provide maximum industry coverage when you’re looking for real estate staff. NetYourJob can provide REINZ Members with competitive marketing rates for job advertising. Contact NetYourJob on 0800 638 968 to find out more or click here to view new jobs this week.
