Misc

Property problems: House sale involved likely conflict of interest

Q. Three months ago my family and I moved to New Zealand and purchased a property which my real estate agent had found for me.

The agent recommended a lawyer to me and I had him do the necessary legal work. Shortly after purchase I discovered that the house had major problems: no permits for additions, leaking roof and chattels that did not work.

I went back to the

Sunday, October 24th 2004

lawyer and asked her to take action against the vendor.

She refused, stating that the vendor was one of her best clients. I also found out that my lawyer was the wife of my real estate agent. As a result of the defects in the house, my family and I ended up moving back to England. What can I do?

A. There are several distinct legal issues here: the responsibilities of vendors and purchasers, the duties of real estate agents and the responsibilities of lawyers.

When you are buying a house the principle of caveat emptor, "let the buyer beware", still applies. It is the purchaser's responsibility to check that the property is in good order and condition.

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Heartland Bank - Online 6.69
SBS FirstHome Combo 6.74
Wairarapa Building Society 6.95
Unity 6.99
Co-operative Bank - First Home Special 7.04
ICBC 7.05
China Construction Bank 7.09
BNZ - Classic 7.24
ASB Bank 7.24
ANZ Special 7.24
TSB Special 7.24
Unity First Home Buyer special 6.45
Heartland Bank - Online 6.45
China Construction Bank 6.75
TSB Special 6.75
ICBC 6.75
ANZ Special 6.79
ASB Bank 6.79
AIA - Go Home Loans 6.79
Kiwibank Special 6.79
BNZ - Classic 6.79
Unity 6.79
Westpac Special 6.39
China Construction Bank 6.40
ICBC 6.49
SBS Bank Special 6.55
Kiwibank Special 6.55
BNZ - Classic 6.55
Co-operative Bank - Owner Occ 6.55
ASB Bank 6.55
AIA - Go Home Loans 6.55
TSB Special 6.59
Kainga Ora 6.99
SBS FirstHome Combo 6.19
AIA - Back My Build 6.19
ANZ Blueprint to Build 7.39
Credit Union Auckland 7.70
ICBC 7.85
Heartland Bank - Online 7.99
Pepper Money Essential 8.29
Co-operative Bank - Owner Occ 8.40
Co-operative Bank - Standard 8.40
First Credit Union Standard 8.50
Kiwibank 8.50

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