New REINZ Resource: Door Knocking or Cold Calling Prospective Clients
We have released a new REINZ Information Sheet explaining what you should be aware of, in terms of legal implications, if you door knock or cold call prospective clients.
The Information Sheet summarises when an agency agreement may be considered an “uninvited direct sale agreement” and the steps required for compliance with the Fair Trading Act in that case. We hope you find our latest resource helpful.
Click here for more REINZ resources.
REMINDER: Book any Centre of Excellence room and pay before 30 June 2018 to receive a 10% discount
Last chance to register
Masterclass for Real Estate Managers
Thursday 28 June
As a manager in a competitive market you need to be on the top of your game so your team get results.
Verifiable Training
Wellington Verifiable Training - LAST CHANCE
Wednesday 4 and Thursday 5 July
Registration deadline Tuesday 26 June - a $50 per person late fee will apply after this date.
Palmerston North Verifiable Training
Wednesday 25 and Thursday 26 July
Registration deadline Monday 16 July - a $50 per person late fee will apply after this date.
Nelson Verifiable Training
Wednesday 25 and Thursday 26 July
Registration deadline Monday 16 July - a $50 per person late fee will apply after this date.
Online Verifiable Training - 10% discount on the package price until 30 June.
If you haven’t started your training, book the full on-line package now and get 10% off! Valid until 30 June 2018. Does not apply if you have already purchased some or all modules.
Non-Verifiable Training
Property Management Workshop - Auckland
Monday 9 July
Key areas of compliance to keep you safe!
Managing Yourself and Others During Conflict
Wednesday 18 July
This is a MUST SEE for all Property Managers and Sales People. Learn how to deal with tricky customers, diffuse difficult situations, be assertive but not abrasive.
Property Management Workshop - Christchurch
Wednesday 22 August
REINZ comes to Christchurch! Key Prospecting Strategies and Growing your Rent Roll.
| Region | Dates | Location | |
|---|---|---|---|
| July | |||
| Wellington | 4 - 5 | ASB Sports Centre | Book Now |
| Nelson | 25 - 26 | Trailways Hotel | Book Now |
| Palmerston North | 25 - 26 | Hotel Coachman | Book Now |
| August | |||
| Kerikeri | 8 - 9 | Kerikeri RSA | Book Now |
| Napier | 23 - 24 | Napier Conference Centre | Book Now |
| September | |||
| Tauranga | 5 - 6 | Club Mount Maunganui | Book Now |
| Auckland 2 | 19 - 20 | REINZ Centre of Excellence | Book Now |
| October | |||
| Christchurch 2 | 17 - 18 | The Atrium | Book Now |
JUST ANNOUNCED
YPIRE Wellington Launch Event
Thursday 19 July, 6pm – 9pm
REINZ presents Young Professionals in Real Estate (YPIRE) Wellington Launch Event held at C.G.R Merchant & Co with special guest DK.
He is the TEDxWellington / TEDxWellingtonWomen licensee, founder of Creative Welly plus the Creative Leadership NZ conference. He also founded Mediasnackers and through it, has over a decade working in the social media space consulting / delivering training on five continents with a range of clients from UNICEF, Gates Foundation, BBC, Ubisoft, Hasbro.
Upcoming REINZ Regional Meeting
Wellington Regional Meeting
Wednesday 4 July, 5pm – 7pm
Join Dame Rosanne Meo in her final year as Chairman and Mark Coffey, Regional Director to hear Bindi Norwell speak about what's happening at REINZ and share the latest regional data. Our partner Property Press will share some relevant new research.
Download the poster
Conference Tickets available
Residential Property Management Conference
Friday 3 August, 8am - 5.30pm
Join us for our annual RPM Conference for 2018, held at the Pullman Auckland Hotel. Hosted by Simon McKinney and featuring keynote speaker Hon Phil Twyford.
Please register separately if you wish to attend the cocktail party where we will announce an inaugural Property Management Award.
Download the poster
Commercial & Industrial Conference
Friday 3 August, 8am - 5.30pm
Join us for our annual C&I Conference for 2018 and earn 6.0 NV hours. Hosted by Simon McKinney and featuring keynote speaker Hon Phil Twyford.
This year our conference will be held at the, Pullman Auckland Hotel. Please register separately to attend the evening cocktail party giving you the opportunity to network with colleagues.
Download the poster
Conference Cocktail Evening
Friday 3 August, 5.30pm - 8pm
Join us for our end of conference cocktail party at the Pullman Auckland Hotel. This is included in your conference registration but get in quick as there is limited space!
2018 REINZ Awards for Excellence
Tuesday 28 August, 6pm - 10pm
Entries are now open
Buy Gala Dinner Tickets or 5 Ticket discount package or 10 Ticket discount package
Download the invitation
| July | |||
| Wellington Regional Meeting | 4 July | 5pm – 7pm | The Roxy |
| YPIRE Wellington Launch Event | 19 July | 6pm – 9pm | C.G.R Merchant & Co |
| August | |||
| REINZ Property Management Conference | 3 August | 8am - 5.30pm | Pullman Hotel, Auckland |
| REINZ C&I Conference | 3 August | 8am - 5.30pm | Pullman Hotel, Auckland |
| Conference Cocktail Evening | 3 August | 5.30pm - 8pm | Pullman Hotel, Auckland |
| REINZ Awards Evening | 28 August | 6pm - 10pm | Cordis, Auckland |
| September | |||
| Women's Breakfast | 27 September | 7.30am - 10am | Pullman Hotel, Auckland |
| October | |||
| Australasian Auctioneering Championships Draw | 14 October | 6pm - 7.30pm | REINZ Centre of Excellence, Auckland |
| Australasian Auctioneering Championships Heats | 15 October | 10am - 5pm | Q Theatre, Auckland |
| Australasian Auctioneering Championships Senior Finals | 16 October | 10am - 5pm | Q Theatre, Auckland |
| Australasian Auctioneering Championships Gala Dinner | 16 October | 6.30pm - 10.30pm | The Maritime Room, Auckland |
Case Update: Non-consented rumpus not proved to be "unlawful"
Facts: The tenant claimed a refund of all rent paid because a room in the premises was converted from a carport without Council consent. She also claimed compensation for the landlord’s failure to repair leaks in that room. The landlord in turn claimed compensation against the tenant for rent arrears and for her alleged subletting.
The evidence was that the tenant made repeated requests to the landlord to repair the leaks. She subsequently asked for a rent reduction if the room was not to be repaired. When a tradesperson attended, he said problems with Council consents contributed to the leaks.
The tenant then obtained the Council property file, which contained a letter dated back in 2002 that stated a carport on the property had been converted without consent into a bedroom. The file contained no evidence that a consent was ever obtained.
The landlord’s evidence was that after a recent Council inspection, he was asked to fix a flat at the property, but no action was requested for the non-consented room.
Decision:The Tribunal declined to refund rent to the tenant but ordered the landlord to pay compensation and exemplary damages ($500 from a maximum of $4,000) for the failure to repair the leaks. The landlord’s claim against the tenant’s subletting was dismissed due to lack of evidence.
The Tribunal noted that it can order a refund of all rent paid if the parties entered into a “prohibited transaction” (e.g. the premises were not approved for residential use). However, several cases have indicated how the “prohibited transaction” provisions were to apply and in this situation, applying the principles from those cases, the Tribunal found the premises were not “illegal” or “unlawful” in the necessary sense.
In particular, there was only one old letter from the Council to a previous owner and no reliable and current evidence that there are building issues with the room (apart from the lack of consent) or that the rest of the house couldn’t be used for residential purposes.
This is another example where the Tribunal has declined to issue a rent refund because the breach was a “technicality”. Case law in this area suggests a “technical breach” is more likely to occur when, despite the lack of consent, there is otherwise no indication that the building work was substandard or not completed to code.
Disclaimer: The information in these case summaries is for general informational purposes only and may only discuss some, not all, aspects of a case. It does not constitute legal or other professional advice and does not replace your company’s internal policies and guidelines. Always check your company’s guidelines, policies and information first and seek legal advice if you have any queries.
Case Update: CAC erred in finding licensee breached obligations in tender process
Facts:The Licensee was found guilty of unsatisfactory conduct by a CAC. The Licensee appealed against the CAC’s finding and penalty to the Real Estate Agents Disciplinary Tribunal.
The relevant facts were that the Licensee was engaged to sell a unit title property by tender. The Complainant was the successful purchaser. The Complainant had a dog which she knew needed Body Corporate approval, so she asked the Licensee to “clear [her] dog with the Body Corporate”. The Licensee corresponded with the Body Corporate Chairman by email. Crucially, the chairman advised that once there is a conditional offer, he is “OK with being approached and can formalise pet approval”.
The crux of the allegations was that when the Licensee forwarded emails from the Chairman to the Complainant, he omitted crucial paragraphs and this omission misled the Complainant into believing she had approval for the dog. She made an unconditional offer, when the CAC found the Licensee should be aware that a conditional clause for the approval of the dog was “clearly required”.
Decision:The Licensee was successful in his appeal and the CAC’s findings of unsatisfactory conduct and penalty were quashed.
The Tribunal found that although the Licensee omitted some paragraphs from the Chairman’s email, what the Licensee forwarded to the Complainant contained enough information to make her aware of the process concerning approval for her dog. There was no evidence to suggest the information provided to her was misleading.
The Tribunal also found that in a tender process, as the tenderer has only one opportunity to submit their offer, one would expect a clause that is particularly important to them to be drafted by their solicitor, not the licensee (who acts for the vendor). As such, the Licensee could not have been obligated to provide guidance to gain approval for her dog, or to assist her with a suitable clause for the approval.
The above is intended for general information only and does not constitute legal advice and does not replace your agency’s internal policies and guidelines. Always check your agency’s guidelines, policies and information first and seek legal advice if you have any queries.
Foreign Buyer Ban Update
On Monday the Finance and Expenditure Committee released its report in relation to the Overseas Investment Amendment Bill. The report included a number of changes to the Bill including:
- Allowing 60% of off the plan sales to be sold to offshore buyers, without the need for on-selling once construction is finished. However, overseas buyers will not be allowed to live in the properties
- Waiving the requirement for investors to on-sell immediately in large developments intended to be rented out or sold under a rent-to-buy model
- Allowing all resident visa holders to buy land without Overseas Investment Office consent rather than just those with permanent resident visas
- Placing the responsibility of compliance with the Act on the purchaser(s) rather than real estate agents.
REINZ issued a release on the report which can be read here.
iStaging Crash Course - Auckland
Noel Leeming and Kloudpro would like to invite you to a free iStaging Crash Course showcasing the newest technology with in-store demonstrations.
This is a free event to attend, but would appreciate your RSVP to ensure everyone is catered for.
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.
