The Post

Honesty the best policy when your house is on the market

- Kevin LampenSmit­h

Q. I’m about to put the house I’ve owned for six years on the market and it’s the first time I’ve sold a property. What do I have to tell buyers and my real estate agent about my house?

A. It’s no secret that selling real estate is all about the right kind of marketing, and real estate advertisin­g is designed to show a property in the best light.

An advert might focus on the sun-drenched location while neglecting to mention the busy road, for example, or highlight the spectacula­r views rather than the difficult access from the street. Glossing over a property’s quirks if they are likely to be easily spotted at an open home (or by reading the marketing material closely) is one thing, but lying by omission or design about more serious matters is risky.

When thinking about selling, it’s a good idea to get legal advice about your obligation­s before you sign an agency agreement. Most agreements, which set out the terms and conditions of your contract with the real estate agent, require you to confirm that you do not know of any problems with the property and that you haven’t withheld any informatio­n about it. As a seller, you should also confirm that your property has all the consents and code compliance certificat­es for any building work and if you have given consent to any works at a neighbour’s property because this is likely to affect the view or enjoyment of your property.

This is important for several reasons. Real estate agents have clear obligation­s when it comes to disclosure. They must not mislead a seller or a potential buyer or withhold any informatio­n. While it’s not up to the agent to uncover hidden issues with a property, they must tell any prospectiv­e buyers what they know.

Under the Real Estate Agents Act 2008, if licensed real estate agents suspect that a property may have a defect then they are obliged to ask the seller about it and, if confirmed, advise potential buyers of any risks. For example, if a property is next door to a proposed new developmen­t, or if it’s in an area that’s been subject to flooding, the agent must tell prospectiv­e buyers rather than turn a blind eye. If your property is prone to weathertig­htness issues – thanks to its age or cladding – then the agent will need to disclose this to prospectiv­e buyers.

If you choose to get additional checks on your property, it’s wise to have the report done by a qualified building inspector who has profession­al indemnity insurance, understand­s the strict legal requiremen­ts of their role and carries out their work in line with the New Zealand Standard for Residentia­l Property Inspection. If you know there are issues with your property, whether it’s something small like a garage door not working properly, or a bigger deal like an unconsente­d deck, it’s best to discuss them with the agent you are working with. They can help you understand the importance of being open and honest and will guide you through what could happen if you don’t disclose.

They can also help you decide how to tackle a problem – whether that means fixing it or sharing the informatio­n with potential buyers. Your agent isn’t able to tell buyers about problems with your property without your agreement. If you can’t agree, they may decide not to take your listing.

If you knowingly mislead a buyer, you may be in breach of the terms of your sale and purchase agreement and they may have the right to cancel the sale or renegotiat­e a reduced buying price. They can even take you to court and claim damages.

These rules for disclosure offer more protection to buyers than the traditiona­l approach of ‘‘caveat emptor’’ (let the buyer beware), which assumed that the seller would always know more than the buyer and any sale was at the buyer’s risk. However, buyers

If you knowingly mislead a buyer, you may be in breach of the terms of your sale and purchase agreement.

should always do their own research about a property before signing a sale and purchase agreement.

Buyers should also ask the agent about anything they are concerned about – no matter how trivial it may seem. It’s far better to be aware of an issue as early as possible than find out when it’s too late.

Buying a house is not only a matter of weighing up the numbers and doing your homework, it’s just as much about the feeling you get. When thinking about what you have to tell buyers about your property, it’s a good idea to flip things around and ask yourself what you would want to know if you were in their shoes – just as you would have been six years ago.

Kevin Lampen-Smith is the chief executive of the Real Estate Authority (REA), the independen­t government agency that regulates the New Zealand real estate industry. If you have a question about buying or selling property, send it to susan.edmunds@stuff.co. nz For independen­t guidance and informatio­n on buying or selling, check out www.settled.govt.nz

 ?? STUFF ?? If the agent knows of any weathertig­htness issues, he or she must disclose them.
STUFF If the agent knows of any weathertig­htness issues, he or she must disclose them.
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