If the customer has signed the agreement after an unsolicited approach on your part, he can terminate the contract within 5 business days from the receipt of a copy of the contract. In this case, cancellation is not required in writing. You must provide the Seller with a copy of the New Zealand Residential Property Agency Agreement Guide[PDF, 2.2 MB] [PDF, 2.2 MB] before signing the agreement and asking the Seller to confirm in writing that he has received it. If you are not the sole owner of the property, either all owners must sign the agency contract or you must prove that you have the right to sign for all other owners. (You must provide written confirmation to the agent, for example. B a power of attorney, a decision on directors, company minutes or a court document.) The agency agreement contains a list price if your property is marketed with an advertised price, but not if it is sold on another method. If you have a conflict of interest. B, if you are interested in buying the property or if you are related, you must inform the seller and follow the prescribed process. If you decide to terminate the agency contract, seek advice from your lawyer first. They must inform the Agency and the notice should be set out in the general agency agreement. The notice period is provided to allow the Agency to conclude the initiations before the end of the contract. Most general agency agreements set the notice period. The notice period should allow the Agency to complete any introductions.
The cooling-off period begins when you sign the contract and ends at 17:00 on the business day or the following Saturday. For example, if you sign the agreement on a Friday, the cooling-off period will end on Saturday at 5 p.m. When you register on Saturday, the cooling-off period usually ends on Monday at 5:00 p.m., unless it is a public holiday, in which case it ends on Tuesday at 5 p.m. Your representative is legally required to provide you with a copy of the reede agreement guide before signing an agency contract. You must also receive your written confirmation that you have received it. It is important to communicate to the agent everything you know about the property, as an agent is required to disclose the known defects of a property to a potential buyer. A representative may terminate an agency contract if you ask them not to disclose known defects. You should also warn them that if they terminate the agency contract with you and then sell it privately to someone you have introduced, they may still be required to pay a commission. This is the agent`s best estimate for the price for which your property could sell based on the sale of similar properties near you. This is an updated market valuation or valuation (CMA). However, if you do work before the cancellation of the contract leading to the sale of the property, the terms of the agency contract are legally binding.
Before entering into an agreement, the agent must provide the seller with an R1 form – a written guide prescribed by the government that explains the seller`s rights and obligations arising from such a contract. If you decide to terminate an agreement for 90 days, it is strongly recommended that you consult independent professional legal advice before that date. Sanctions may be imposed if the agreement is withdrawn before the date. If the single agency agreement is valid for a residential property and for a period of more than 90 days, you or the seller can terminate the contract at any time after 90 days. On settled.govt.nz (external link), we recommend that sellers get legal advice before signing the agency contract. You can choose to list your property later with a new agency.