Property manager contract

Question from Erica updated on 7th September 2015:

I am looking for a property manager to look after my property. I would like to know what terms and conditions of the contract I could use if I am not satisfied with the property manager. So if needed I could safely terminate the contract. 

Our expert Bernard Parker responded:

Your property manager should offer you a contract which defines the Terms of Business under which the manager will act for you. It is unusual for a property manager to foresee conditions whereby it will release you from the contract if you are simply not happy. The intention should be an ongoing working relationship that benefits you both.

A property management agreement is a contract of agency, and the manager is required to act in your best interest at all times. If you get to a point where the property manager has failed to act in your best interest, and you are still bound to a minimum term of management, you can apply to the Disputes Tribunal for an order terminating the contract. However, you will need to establish that the agent has failed in carrying out their duties.

Bernard is principal of Quinovic – Kapiti-Mana. Quinovic's outstanding people and systems provide the most professional, effective and reliable residential property management service in the NZ market for over 30 years.

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