What if it Goes Wrong?

What if it Goes Wrong?

 

Although you would have done everything possible to make sure you have a trouble-free move, sometimes things can go wrong and there is a dispute – however big or small. The Agreement for Sale & Purchase may still be relevant, so talk with us in the first instance.


Handling disputes


If the dispute is an issue you want to resolve yourself, we recommend you take the suggested steps below.

  • Ensure you have got all the facts correct. This includes confirming the expectations that you believed you had, who said what and on what date
  • Write down the sequence of events from start to finish. Make sure you have copies of all documentation and photographs, if appropriate
  • Decide what remedy you want. This could be putting right the problem, a letter of apology or some compensation, and
  • Talk with the person or organisation involved. Present your case politely and reasonably. Give them the opportunity to respond to your situation within an agreed timeframe. If this approach does not
    work or you are still dissatisfied, you should talk with the person’s manager or to head office.


It should be possible to fix the majority of issues in this way.


If this does not work or you are still dissatisfied, there are industry bodies that can be contacted.


Banks


Banking Ombudsman
PO Box 10-573, Wellington, Ph: 0800-805 950
Web: www.bankombudsman.org.nz
Insurance Companies
Insurance and Savings Ombudsman
PO Box 10-845, Wellington
Ph: 0800-888 202
Web: www.iombudsman.org.nz

 

Lawyers


New Zealand Law Society
PO Box 5041, Wellington
Phone: 04-472 7837,
Web: www.lawyers.org.nz
Also see the NZLS Property Law Section
Web: www.propertylawyers.org.nz


Real Estate Agents


Real Estate Institute of New Zealand
PO Box 5663, Auckland
Ph: 09-356 1755, Fax: 09-379 8471
Web: www.reinz.co.nz


Registered Valuers, and other property professionals


New Zealand Property Institute
PO Box 27-340, Wellington
Ph: 04-384 7094
Web: www.property.org.nz


Taking legal action


Many of the industry bodies listed above do not offer compensation, costs or damages. If you seek this sort of remedy, you may need to take legal action – either the Disputes Tribunal or in court.


Disputes Tribunal


The Disputes Tribunal can hear claims for up to $15,000, or up to $20,000 if the other side agrees.
For more information look at www.courts.govt.nz or ring your local district court.


Larger sums


If the compensation, costs or damages you are seeking are over the sum/s dealt with in the Disputes Tribunal, please talk with us.

 

Please contact Tina McLennan, Anna Ferguson or Jo McLennan for more information.