Real Estate News

Conflicts of interest: what property owners need to know and agents must disclose

A recent news article detailing the disciplinary ruling against a New Zealand real estate agent is a useful reminder of what can go wrong when personal relationships and professional duties collide, and what every agent and property owner should understand about the rules that exist to protect them.

The case involved an agent who secretly facilitated her husband’s company in purchasing a client’s property, failed to disclose the relationship, and ultimately worked against her own client’s interests. The Real Estate Agents Disciplinary Tribunal found her guilty of wilful misconduct, citing her failure to obtain informed written consent and her failure to provide an independent valuation before her husband’s company acquired an interest in the property. 

What the Law Requires
Under New Zealand real estate law, agents cannot carry out work where a related person acquires an interest in a property without meeting two non-negotiable requirements: obtaining written client consent using the official form (‘Form 2’), and providing an independent valuation, at the agent’s expense.

Who counts as a “Related Party”?
The rule applies to any employee of the licensee company. A related party includes a partner or spouse, and the parents, children, grandchildren, siblings, aunts, uncles, nieces or nephews of the licensee or their partner or spouse.
The obligation to disclose runs in both directions. If an agent is selling a property owned by a relative, that relationship must be disclosed to buyers. If an agent is working with a buyer who is related to them, that must be disclosed to the vendor.

Why team culture and oversight matter
One of the more telling details in this disciplinary case is that the agent’s own agency didn’t discover her marriage to the purchaser’s director until nearly a year after the listing. In a well-run agency, ongoing oversight isn’t something that applies only to new agents and then quietly fades away, it’s a consistent part of how the team operates. When agents regularly discuss their listings, their prospects, and how they came to know the people they’re working with, it becomes much harder for conflicts of interest to go unnoticed.

The bottom line
The rules around related party transactions exist for good reason, and the consequences of ignoring them are serious. At Irelands we believe the straightforward path is always the right one, and that is to honour our fiduciary duty to our Vendor clients, and always to work in their best interests. 

Have questions about your property transaction?
Whether you’re buying, selling understanding your obligations is important. If you’re unsure about disclosure requirements or have questions about the process, the team at Irelands is happy to help. Get in touch for a confidential chat.

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