The Star: November 14, 2019
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36 <strong>The</strong> <strong>Star</strong> Thursday <strong>November</strong> <strong>14</strong> <strong>2019</strong><br />
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Buyer’s remorse is a common affliction in<br />
January, but for most people it relates to<br />
spending too much on Christmas festivities<br />
and presents. Regretting buying something<br />
as big as a house is a much bigger deal that<br />
can have a serious impact on your family and<br />
financial wellbeing.<br />
Real Estate Authority (REA) chief executive<br />
Kevin Lampen-Smith says this is why it’s<br />
important for buyers to do as much homework<br />
as they can before buying a property.<br />
“We believe it’s much better to spend a few<br />
hundred dollars on an independent report<br />
by an accredited building inspector than face<br />
having to spend thousands of dollars on fixing<br />
any issues after the fact,” Lampen-Smith says.<br />
“It can be tempting to settle for the easy option of<br />
using a pre-prepared report, but if you haven’t paid<br />
for it yourself you have no way of ensuring that it’s<br />
legitimate or being able to take action against the<br />
inspector for an inadequate assessment.”<br />
If you’re looking to buy, Lampen-Smith says<br />
it’s smart to find out as much as you can about<br />
the property, including getting someone to help<br />
you understand the outcome of any report on the<br />
building or land.<br />
“In some cases, issues are noted on property<br />
reports but buyers are in such a hurry that they miss<br />
them,” Lampen-Smith says.<br />
If a report uncovers an issue, he suggests getting<br />
legal advice first if you want to negotiate with the<br />
seller on price.<br />
If you end up buying a property and discover<br />
a serious issue that you think the seller or the real<br />
estate agent failed to tell you about, Lampen-Smith<br />
says the first step is to write down what happened<br />
when you bought the property.<br />
“Gather all the relevant documentation, such as the<br />
building report, the LIM and the sale and purchase<br />
agreement,” Lampen-Smith says.<br />
“If the property was sold by a licensed real estate<br />
agent, make notes of any conversations you had<br />
with them. If the property was sold privately, make<br />
notes of any dealings with the seller. Add any new<br />
information you have about the property, such as a<br />
building report or assessment that notes the problems<br />
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ADVERTORIAL<br />
What can I do if there’s a<br />
problem with my new home?<br />
you’ve found.”<br />
Think too<br />
about what<br />
your best-case<br />
scenario<br />
outcome is:<br />
do you want<br />
an apology,<br />
compensation,<br />
or remediation (or all three)?<br />
Lampen-Smith says it’s important to get legal<br />
advice to fully understand your options.<br />
“A lawyer will advise you on whether you have<br />
a case against the seller and what your next move<br />
should be, based on the information you’ve gathered,”<br />
he says.<br />
“If appropriate, they can help you negotiate with<br />
the seller or act against them. Be aware that you may<br />
not be in a very strong position unless you can prove<br />
that the seller or the real estate agent knowingly<br />
covered up the issue.”<br />
If it appears that the real estate agent is responsible<br />
in some way, Lampen-Smith says it’s best that you<br />
deal with them directly.<br />
“If you can’t resolve things this way, the REA<br />
handles complaints against licensed real estate agents<br />
and we can also help you understand expectations<br />
on real estate agents regarding disclosure of property<br />
defects. Check out rea.govt.nz for more information<br />
on making complaints.”<br />
For independent guidance and information on<br />
buying or selling, check out settled.govt.nz.<br />
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