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your obligations as a seller

at listing time advise the licensee

at contract time (the typical ones overlooked by sellers)

Pursuant to any Contract to sell entered into [standard Real Estate Institution of NZ Form as prescribed for the time being]; as a Seller you warrant and undertake to the Buyer:

  • That you have not received any notice or demand and have no knowledge of any requisition or outstanding requirement from any local or government authority or other statutory body, or under the Resource Management Act 1991, or from any tenant; and
  • That you have not given any consent or waiver which directly or indirectly affects the property and which has not been disclosed in writing to the Buyer; and
  • All chattels, equipment, systems or devises [“chattels/fixtures”] will be delivered to the purchaser in reasonable working order; and that any of these chattels/fixtures are unencumbered [ie: not outstanding monies borrowed for purchase];
  • You will provide a key for all exterior doors that are locked by key, electronic door openers to all doors that are opened electronically, and the keys and/or security codes to any alarms.
  • AND, whilst there is nothing written into Contract Law, there is a reasonable expectation that the Buyer should expect the property to be handed over in clean and tidy condition on Settlement Day.

pre-settlement inspection

A minimum of at least one working day prior to Settlement Day, we will facilitate access to the property by the Buyer who will attend at the property with the Licensee to complete a Pre-Settlement Inspection. This inspection is to confirm to their Solicitor that the property is in the same condition as it was at the time of entering into the Contract, and that all chattels/fixtures are working, and that all keys, devices, codes etc are available. If you do not have keys to all exterior doors including the garage roller door (or auto remote) and side garage doors, and there are any issues with chattels not functioning correctly attend those matters asap, so that there are no delays on Settlement Day which can be very stressful for everyone.

settlement day

Once the Buyer has confirmed pre-settlement inspection to the Buyer’s Solicitor; settlement will take place and then, and only then, will keys be released to the Buyer.

It is fair and reasonable for a Buyer to expect a property to be left in the same condition it was when they decided to purchase the property; and, in my opinion, it is expected that a Buyer can move straight into a property on Settlement Day that is – grounds tidy and presentable, and house clean and tidy [surfaces wiped, bathrooms/kitchens/ovens cleaned, service area floors washed and carpets’ cleaned.