In The Know
31 July 2019
Click the headings below to read more or visit the Property Management page
Today is the very last chance you have to enter the 2019 REINZ Awards for Excellence in Real Estate.
These awards are free to enter and there are more than 40 awards to be presented (covering individual, office and agency level), so there is bound to be something suitable for yourself or your team!
Tickets for the 2019 Awards Gala Dinner are selling quick and limited to 500 seats, so don't wait - book your tickets now and secure a seat at this prestigious event.
Discounts apply for group bookings of 5 or more.
Case Update: No misrepresentation here
The complainant (Licensed Agent) had entered into an agreement to purchase a property (unit) that was off the plans and was listed by the Licensee. The complainant alleged that the Licensee told him at the time, that the size of the unit on the architect’s plans were wrong and subsequently crossed out the 56m2 noted on the plans and replaced it with 61m2.
The issue came to light when the complainant listed the property for sale. It was at this point that the complainant discovered that the property was listed as 56m2 in the City Council Code Compliance Certificate (CCC). The complainant alleged that the Licensee therefore, misrepresented the actual area of the unit. The Licensee had included the internal deck area as part of the unit area and the complainant stated that this had essentially, misled him.
The Licensee responded stating that he was instructed to alter the floor area by the developer/vendor, who also confirmed this. The Licensee also stated that a peer review by an architect evidenced that the floor area was 61.4m2.
Finding
The Complaints Assessment Committee (CAC) found that the wrong plan had been submitted to the Council by the architecture firm and that the Licensee could not be held liable for this error. Additionally, clause 22.5 of the agreement for sale and purchase states that all measurements and areas are subject to variation. Therefore, any representation given by the Licensee at the time of the sale could only be deemed as the intended size at that time.
The complainant admitted that he never clarified the actual area or whether or not it included the internal deck area. He provided no independent evidence that other licensees in the industry did not include deck areas while the CAC had evidence that multi-unit residential dwellings could be described as either excluding or including decks.
The CAC took into consideration that the complainant had extensive experience in commercial property, his admission that the unit area was discussed prior to the offer being made, description of the unit and the Licensee’s explanation and accordingly found that the Licensee did not withhold information from the complainant that should have by law or in fairness been disclosed (Rule 6.4, Code of Conduct Rules 2012).
The CAC needed to determine whether the Licensee failed to exercise skill, care, competence and diligence (Rule 5.1) when relying on the vendor’s instruction/statement.
The information from the vendor was correct, had he been wrong then this could have exposed the Licensee to potential risk. The CAC made no finding of unsatisfactory conduct given that the Licensee merely passed on correct information.
Key Takeaway:
- A key takeaway from this case is that agents need to be aware that solely relying on the information obtained from their vendors could place them at risk of breaching their obligations, if it is found that the information is incorrect.
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.
Dangers of responding quickly via text message
When replying from mobile phones, take the time to check your response thoroughly before hitting send.
Texting by its very nature is brief and as a result, increases the chance of breaching Rule 6.4 of the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012, which provides that agents must not mislead a purchaser or vendor, nor provide false information that should by law or in fairness be provided to a purchaser or vendor.
Given the above, failure to check your text message can create issues further down the line and open yourself up to complaints.
Verifiable Training
Kerikeri Verifiable Training - LAST CHANCE!
Wednesday 7 & Thursday 8 August
Registration deadline Thursday 1 August - a $50 per person late fee will apply after this date.
Napier Verifiable Training
Wednesday 21 & Thursday 22 August
Registration deadline Thursday 15 August - a $50 per person late fee will apply after this date.
New Workshop: Dog Workplace Safety
Auckland - Thursday 22 August
Visiting properties with dogs? Keep safe around dogs by coming along to this course. Learn how to 'read' dogs, dog expressions and what to look out for so you stay safe when visiting properties.
Book now
AML Roadshow 3
REINZ is delivering AML sessions in 15 locations across New Zealand this July and August. These sessions have different content from previous roadshows and they are not-to-be missed! Highly-practical with expert presenters, these sessions are also an excellent opportunity to bring all your questions.
Find a session in your area and book now. Last chance to book for Taupo, Rotorua and Gisborne.
Check out the Roadshow poster.
Verifiable Dates for 2019
| Region | Dates | Location | |
|---|---|---|---|
| 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 |
Superstars Breakfast - Strategies for Success in Challenging Times - LAST CHANCE!
Thursday 8 August | GridAKL
Join us for this year's Superstars Breakfast where we will be discussing 'The Strategies for Success' with our panel, hosted by Shane Cortese from Harcourts Cooper & Co.
This year's panel is made up of: Edward Pack from Bayleys Ponsonby; Nick Wilson from Barfoot & Thompson Auckland City; Nicky Malloy from Harcourts Henderson Heights; Ritesh Verma from Property Brokers Whanganui; Rohan Thompson from Ray White Mt Roskill; and Colleen Strachan from UP Real Estate.
Find out more details, or book now here.
2019 REINZ Awards for Excellence
Tuesday 27 August, Cordis Auckland
We are returning to Cordis Auckland for another Gala Dinner presentation of awards with MC Laura McGoldrick.
Buy tickets for the Gala Dinner here.
Enter the Awards here - Closing today!
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!
Group booking discounts available for 5 or more!
For all REINZ Events, click here.
| August | |||
| Thriving in Changing Times | 2 August | 9am - 7pm | Hilton Hotel Auckland |
| Superstars Breakfast | 8 August | 7.30am - 10am | GridAKL |
| Awards for Excellence Gala Dinner | 27 August | 6pm - 10pm | Cordis Auckland |
| Septmber | |||
| Inspire | Motivate | Connect Conference | 18 September | 10am - 7pm | Shed 10, Auckland |
REINZ Statistics Platform - Enhancement Update
You can now quickly export as PDF or CSV the selected properties from the table.
1) Enter the location in the search bar
2) Set your filters and click "Search"
3) Select the properties
4) Click on "Export Selected As"
This week on the blog: How to host a standout open home - Interior Design
As an agent it’s imperative that you stay ahead of the game - you aren’t short of competition after all. Buyers will likely be visiting multiple open homes and only the standouts will be front of mind at the end of the day. First impressions matter. Visual cues translate into emotions and people purchase houses based on feeling a lot of the time.
The Property Foundation Event: Housing Affordability... does anyone want to solve it?
This Property Foundation event on Wednesday 14 August at Rydges Auckland is intended to foster conversation and learning about Home Affordability related issues.
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.
