Rainey Collins Lawyers

Tips on Getting Contracts Right

Wednesday, 3 March, 2010 | Claire Coe

Tip #1 – Who is the Vendor?

When preparing contracts it is very important that the parties to the contract are correctly described.  The Vendor will usually be the person or persons named as the registered proprietors of the property on the title.

We had a recent example where a property was owned by a company but the contract was prepared with the names of the shareholders in… Continue reading

Deposit/Bank Bonds … What Are They?

Wednesday, 3 March, 2010 | Claire Coe

Deposit or Bank Bonds are an alternative to paying a cash deposit on a property which maybe yet to be built or have title issued.  So what is the best way to explain this to clients?  Simply put, it is a way to enter into an agreement for sale and purchase without requiring a cash deposit while providing the vendor with certainty that the deposit would be paid if required… Continue reading

Mortgagee Sales – Reminder Tips for Agents

Wednesday, 3 March, 2010 | Sarah Blaney

Mortgagee sales can be a danger zone and as a selling agent it is important to be aware of the potential pitfalls, minimising potential risks for the buyers and for yourself …

Tip 1 – Legal Advice

The term ‘buyer beware’ applies more than ever in the context of a mortgagee sale, but making the risks absolutely clear to prospective purchasers is the best way to avoid having… Continue reading

Real Estate Agents Bill

Wednesday, 3 March, 2010 | Claire Coe

This Bill (if enacted) replaces the Real Estate Agents Act 1976.  It establishes the Real Estate Agents Authority to oversee licensing, complaints, disciplinary and enforcement processes, set industry standards, and provide information to consumers.  The Bill also:

• Creates a Disciplinary Tribunal administered by the Ministry of Justice to deal with more serious complaints.
• Sets out licensing processes and makes provisions for a public register.
• Sets more

Follow Up … “Buyer Enquiry Over” (BEO) Advertising

Wednesday, 3 March, 2010 | Sarah Blaney

The District Court in the “Whitehead decision” has on reconsideration ruled that a BEO equated to an “actual price”.  As a result several local Real Estate Firms have decided not to use Buyer Enquire Over advertising and care must be taken when using it.

With property prices so variable at the moment and the possibilty of an appeal, we recommend getting clear instructions (preferrably in writing) from clients about… Continue reading

Guaranteed Ways to Lose or Delay Your Commission

Wednesday, 3 March, 2010 | Sarah Blaney

With the large volume of property work that we assist clients and Real Estate Professionals with every year, we see many situations where Agents miss out on commission or face major delays in payments.

We have set out four traps which you and your team need to be wary of.

Trap One:  Failure to get your vendor’s written appointment of you as agent

The effect of not… Continue reading

Cross Leases

Friday, 21 September, 2007 | Claire Coe

We have had enquiries from agents and clients recently regarding cross leases.  As you will be aware, purchasers can be nervous about buying cross leased titles.  The idea that their dreams of extending the property cannot be fulfilled can sometimes be too much for them! There can also be difficulties when there have already been extensions carried out on the property, which make the title defective.  The good news is… Continue reading

E-dealing – Rainey Collins Now Online

Saturday, 10 February, 2007 | Alan Knowsley

We are pleased to announce that Rainey Collins is now capable of electronic e-dealing with LINZ. This means we can effect registration instantly when a property settlement occurs.  This offers you and your lender extra protection because you become the owner immediately and their mortgage is registered immediately… Continue reading

Compliance Code

Friday, 10 February, 2006 | Alan Knowsley

Reminder – with the new Building Act now in force, builders and developers are not permitted to setle sales of residential homes until they have a final Code of Compliance. Clauses inserted in contracts for the sale of new properties should acknowledge that the vendor will be required to provide this document at settlement… Continue reading

Storm Water Reminder

Wednesday, 22 June, 2005 | Claire Coe

Reminder – It is the duty of the landowner to ensure that stormwater running off their property is properly discharged into either a private or public drain. Landowners are not permitted to allow their stormwater to run into waste water drains, onto the road or across someone else’s property without special arrangements having been made with Council and the other affected properties… Continue reading

Thursday, 2 September, 2010

Rainey Collins Recent Appointments

Monday, 30 August, 2010

Rainey Collins Hosts Women in Business Corporate Event