Click here to go straight to the list of  Useful Clauses

 

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Articles Published on Dispute Resolution

  

Arbitration, The Options

The first in a series of articles addresses the basic and benefits of the Arbitration process. (Jan 2003)
 

Arbitration, The Process

The Arbitration Act and the basics of the process.  (July 2003)

 

Arbitration and Commission Disputes, What Can You Claim?
Your commission would have been around $20,000 but another agency made the sale (by foul means) and you are now in dispute with them. They discounted the commission to $10,000. How much can you claim? (Oct 2003)

 


Arbitration, Presenting Your Case

Preparation is crucial. What more can be said? (Feb 2004)

 

Introduction, Is it enough?

If not, what is needed to justify a commission claim? (Jun 2004)

 

More on Introduction

You have introduced the buyer but your agency ends and another company is appointed. What should happen? (Nov 2004)

 

When an agency ends
More on introduction issues and agencies conflicting claims. (Apr 2005)

 

Yet more on prior introductions

You have someone interested in a property and they tell you they have previously been introduced by another agency. What should you do? (Aug 2005)

 

Disputes with Solicitors
When things go wrong the agent is invariably made out to be the problem. This is about protecting yourself. (Nov 2005)

 

Sole Agencies

Hopefully no longer the issue it used to be but this addresses the integrity (or lack of) of sole agencies without a termination date. (Aug 2006)

 

Introduction and agency cancellation

Another look at the situation when Agent A loses the listing to Agent B. Rights, obligations etc. (Apr 2008)

 

Confusion about Commission Disputes
5 common misunderstandings about agency, disputes and REINZ Rules. (Oct 2008)

 

Recording phone calls

Your phone calls are being recorded and can, and will, be used against you.   This article addresses the issues and how you can you this facility to protect yourself.   (Note: provided to the REINZ but not published)

 


 

Useful Forms and Letters

 

Multiple Offer clause and letter

 

If you give a purchaser access to a property prior to possession, you should have them sign this letter

 

This is a simple template for a variation to any existing sale and purchase agreement

 

If you sell a property to someone previously introduced to it by another agency, you need to follow this procedure to avoid serious problems at a later date.

 

Authorisation for early release of deposit

 

Sample Cancellation Notice that does not presume you know the cancellation period of the existing agency.

 

Acknowledgment Letter to send when your agency is cancelled.

 

To ensure that you have no problems releasing keys after settlement, send this fax to the vendors solicitor.

 

The prescribed form for a licensee or related person acquiring interest in a property.  As required under Section 134 (3) (a) of the Real Estate Agents Act 2008.   You should be able to easily copy and paste this form into your MSWord file ready to complete.    This letter can be used to secure the vendor's acceptance of the valuation.

 

Although fraught with risk, many landlords give keys to tenants before the commencement of the tenancy.  Sometimes this is to allow the tenant to move their chattels in.  If doing this, we recommend getting the tenant to sign an acknowledgement of their responsibilities.  For a draft letter to this effect, click here

 

Coming soon

 

More useful forms and letters for use in real estate agency.
 


 

Free ebooks


 As readers of this site will know, I have carried a large selection of free ebooks for the last few years.

 

Unfortunately it appears that last time I upgraded my computer these books were all lost.

 

I apologise to those who liked to refer to them, or take a copy.  

 

I will consider re-building the list but this won't be for a little time as I have other projects to complete plus I want to update some of the other esources on the site.

 

Meantime, if you are a reader you might like to check this link.

 

My Best 10 Books