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Category: Property & Real Estate

  • A Timely Reminder – Disclosure and Representations

    7 March 2018

    The principle of caveat emptor, “Buyer Beware” usually governs all property purchases. However, licensed real estate agents are bound by the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012.Specifically, all licensees are under a positive obligation “not to mislead a customer or client, nor provide false information, nor withhold information that should by law or fairness be provided to a customer or client.”Rule 10.7 states:A licensee is not required to discover hidden or underlying defects in land ...

  • Airbnb

    6 March 2018

    Travellers and tourists looking for an alternative to hotels and motels at high season times when demand is great may be drawn to the online platform of Airbnb to rent a house or a room from private home owners.While there is an opportunity to earn extra income, an owner of property looking to rent out their property as an Airbnb should also consider the myriad of issues that may arise, which includes insurance, tax, and legal implications.InsuranceProperty owners should make ...

  • Building Owners and Occupiers- Asbestos Management Obligations |Part 2

    16 February 2018

    This article is a follow on from the article by the same name in our Spring edition, in which we outlined the requirements of the Health and Safety at Work (Asbestos) Regulations 2016 (“Asbestos Regulations”) and specifically the obligations that come into force on 4 April 2018. A copy can be found here.To recap briefly, the Asbestos Regulations set out how to manage asbestos risks. Complying with the Asbestos Regulations is mandatory, and there are hefty penalties for failing to ...

  • Body Corporate Business Update December 2017

    7 December 2017

    NEED A SCHEME?Leaky building? Significant repairs? Large-scale maintenance project?A body corporate facing significant building works to repair building defects and associated damage, or replace building components at the end of their useful life may be able to rely on the default statutory provisions of the Unit Titles Act 2010 (“UTA”) to complete the work. Alternatively, it may be either necessary or desirable to turn to section 74 of the UTA and establish a reinstatement scheme.While the default statutory provisions may ...

  • Vendor breached warranty in Agreement for Sale and Purchase

    6 December 2017

    In the recent case of Y L New Zealand Investment Ltd v Ling [2017] NZHC 1793, the High Court has held that a breach of warranty by a vendor caused loss to the purchaser of a property.Ms Ling entered into an agreement to buy a property in Pukekohe. It comprised of a house on 4.6 hectares of land that had been used previously for equestrian purposes, but it was purchased by the parties for future development.Ms Ling later on-sold the ...

  • Tim Jones retires from Glaister Ennor

    1 December 2017

    Tim Jones has advised that after 37 years with Glaister Ennor he is to retire from the firm.During his time at Glaister Ennor Tim has built a significant practice of private clients and has become an acknowledged expert in property development. He is regarded as an expert in property law by the legal fraternity and throughout the real estate business world.Tim has been an active member of the Auckland District Law Society and the New Zealand Law Society where he ...