RES421 - Real Estate Law: Consumer Rights, Tenancy, and Disclosures

This report provides a comprehensive overview of real estate law, focusing on the application of various acts such as the Consumer Guarantees Act 1993, Health and Safety at Work Act 2015, Human Rights Act 1993, Privacy Act 1993, and Secret Commissions Act 1910. It includes a case study analysis of tenancy law, addressing tenant and landlord rights and responsibilities under the Residential Tenancies Act 1986. Furthermore, it offers recommendations regarding fencing requirements for swimming pools and spas, highlighting legal obligations and safety standards. The report also emphasizes the importance of disclosing legal boundaries and material facts during property transactions, referencing the Real Estate Agents Act 2008, and suggests best practices for ensuring compliance and protecting consumer interests. The document concludes with practical recommendations for property owners, including advice on resolving disputes and maintaining property value.

RES421 — Law for Real
Estate Licensees A 3

Table of Contents
RES421 — Law for Real Estate Licensees A 3...........................................................................1
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Task :1..............................................................................................................................................3
Task :2..............................................................................................................................................4
Tenancy law.................................................................................................................................4
Task 3...............................................................................................................................................5
Recommendation.........................................................................................................................5
Legal requirements for fencing Spa and Swimming pool...........................................................6
Disclosure of legal boundaries of the property and recommendations in an email form...........6
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................1

INTRODUCTION
Real Estate law is concerned with the protection and promotion of the interest of the
customers relating to the transactions in relation to the real estate and also promotes assurance in
public related to the real estate work (Lopez, 2021). It also provides accountability through the
principles of transparency.
This report illustrates various acts and their application on real estate work. Along with
this case studies related to the tenancy law has been discussed.
MAIN BODY
Task :1
Consumer guarantees Act 1993: The purpose of this act is to the customers by allowing them
movement of repairs, make sure that they get refunds and replacements of the goods and services
in case the goods are in default and offers minimal guarantee on the goods and services to the
customers.
 Goods and services do not comply with the guarantee if the products are used in
inconsistent manner and consumer should also take reasonable care of the products for
which the guarantee is given.
Health and Safety at Work Act 2015: Main purpose is to secure the health and safety of the
workers in a workplace by minimizing the risk arising to protect them, to provide efficient
resources, provide training programmes to educate about the health and safety at workplace
(Beddoe, et.al. 2018). It helps in building structure to improve the working conditions and
eliminating the risk involved at workplace. The workers should take reasonable care for his own health and safety and act which can
negatively affect the other workers working there and cooperate with the other persons,
policy and procedures of the company.
Human Rights Act 1993: The main purpose is to protect the people from unlawful
discrimination in various areas and to defend the rights of the persons. Consumer should comply with the provisions under this act and respect and protect them
and breach of these rights will result in strict action against the person.
Privacy Act 1993: It provides the rules regarding the protection of the individual’s privacy and
puts burden on the various organizations to protect them.

 It is important to comply with the privacy policy of the persons so that the personal data
is not leaked and privacy officers have the authority to handle the privacy policies of the
organization.
Secret Commissions Act 1910: This act deals with the malpractices such as bribery and
corruption which is involved in private sector.
 Any Commission which the agent has received in result of any sale without the consent
of the principle.
The customers can complain about the misconduct, unsatisfactory behaviour of the licensee and
breaches the provisions of any act, the complaints' assessment committee ensures that the
complaints made against the person is in good faith (Song, and Soliman, 2019). According to
rule12.1 of the act an agent must maintain written in house procedures for dealing with the
complaints and dispute resolution. Rule12.2 states that licensee must ensure that the clients and
the customers should have full information about the procedures before entering into any
contract and Rule 12.3 licensee must take notice that the clients are aware that they can access
the authority’s complaint process without using the in- house procedures. In terms of legal
consequence if any person breaches the principles of privacy, the person who has been affected
can file a complaint. The maximum penalties will be imposed for misusing the personal
information which has negatively affected an individual. According to section 72 of the REA Act
2008 licensee is guilty of the unsatisfactory conduct or contravene the provisions of the act and
section 73 licensee is guilty of the misconduct or does not perform the duty or is incompetent to
perform the real estate agency work. The complaint made in good faith then the committee
assures that the respective person should be provided with the further knowledge and training so
that in future this does not happen and furthermore, they also order to pay the reasonable costs to
the customers who made the complaint regarding the negative behaviour of the agent.
Task :2
Tenancy law
To Sai
CC
SUBJECT Rights and Remedies.

1. According to the Residential Tenancies Act 1986, Mrs Krazinsky has no right to
entry in the premises during the continuation of the tenancy period without giving
prior notice and the right of entry only exist in case of an emergency, proper time to
visit the tenants when they are present(Collins, et.al 2020). Mrs Krazinsky has
breached the provisions by entering the premises without your permission which
results in violation of the provisions of the Act. The time for entering the premises
by the landlord at any time between 8’o clock in the morning and 7’o clock in the
evening on a day which is specified in the notice which will be given to the tenant
which is not less than 48 hours before entering into the premises by the landlord
and mot more than once in any period of 4 weeks. In order to fulfil the legal
requirements of the smoke alarm, the timing will be at any time between 8’o clock
in the morning till 7’0 clock in the evening after giving valid notice to the tenant
regarding the entry into premises before 24 hours. Regarding the legal requirements
of the smoking alarms is that the smoking alarms should be installed within 3
metres of each bedroom and at every level or story of a multi-story home.
2. According to the law Sai and his flatmates did not notify the landlord about the
smoke alarms and damages after discovering for the repairs and also cause
reasonable nuisance by destroying the comfort and peace of the other tenants or
neighbours of the landlord and without giving reasonable notice removed the flax
bush which was the responsibility of the landlord to do so. It is the responsibility of
the tenants to make payments for the broken window as it is the property of the
landlord and they have no right to damage the property. Joey’s mates are liable for
the damage of the window.
3. The facts that Sai and his flatmates can use that Mrs Krazinsky entered the
premises without giving reasonable notice during the tenancy period and the
remedies available to Mrs Krazinsky that either she can terminate the tenancy
period and sue for the creating the nuisance and not maintaining the peace in the
landlord's premises.. Regarding the breach of any provision the applicant can give
another party a notice specifying the nature of breach and can demand
compensation for the damages not less than 14 days from the date the notice was
given.

4. If the matter is not resolved by the parties then case can go to the tribunal and
reasonable decision will be made regarding the damages of the premises and
compensation for the violation of the provisions. It is said by the tribunal that
person shall enter into the premises of the tenant except of the prior approval of the
tenant and if violated penalties will be imposed and regarding the provision of the
entry prior notice of entry will be given to the tenant.
Thank You.
Task 3
Recommendation
 It has been recommended to the jane that it should replace the fencing near the
swimming pool as it is accessible form the streets. As well as the timber fencing
from east and west side is also poorly constructed. Moreover, if Jan and Dane rebuild
the fencing then it will contribute in increasing the price value of the house and will
attract more and more customer.
 It is to be suggested to the parties that before selling the house it should also check
the condition of the fencing near the swimming pool that is visible from the pool.
However, it should be protecting with the wall of 1.5-meter-high as it will protect
the privacy of the individual that will be living in the house (Innes and et.al, 2019).
Moreover, it will also contribute in increasing the value of the house that will lead
in earning high profit.
 Along with this, it is to be recommended to Jane and Dane that it should distribute
the financial amount with the neighbours. There is a law in the New eland that
neighbours of adjoin property has to share the contribution cost of repairing the fence
or implanting the new fence if in poor condition. Moreover, the exception to this law
is if there is agreement related to it or the fencing property is on the name of the
owner.
 It is to be suggested to Jane and Dane to send a legal notice to their regarding the
repairing of fencing. The notice will follow the Fencing Act that will includes
some major points such as type of fence, budget required, day of staring work and
the area to be fenced (Malloch, 2021). In addition to this, if the neighbours did not

response to the letter within 21 days then he or she is deemed to accept the proposal.
And if they are not willing to work then Jane and Dane can file a case against them
in tribunal court and ask for companion under tenancy act.
Legal requirements for fencing Spa and Swimming pool
The New pool safety legislation has been passed by the New Zealand on 1 January 2017.
Moreover, the repairing swimming pool Act 1987 has been amended by the building pool Act
2016 and also inserted the sections and laws related to the residential pool safety. On the other
hand, the Spa law has been changed as the government passed the new law such as the people
and hotel that have lockable cover it does not have to fence that area. As it is considered as safe
in the legislation.
Along with this, New Zealand government has a council that check the swimming pool
and Spa that has covered the time of more than 50 years. The height of the Spa should be at
least 120 cm high and surround the nearby area. As well as has nothing to climb for the minors.
Moreover, for the hot tubs it should have gates that open away from the pool. And not be easily
open by the minors as well as close automatically after use (Pool fencing in NZ., 2021). The size
of the Spa should be 760 above the ground and surface are should be less than 5square meters.
The laws for residential pools arte It should be inspected in every three years as well as
required a safety cover or fence near the area and territorial authority should have better tools to
enforce pool barriers. Furthermore, the size of the pool should be 400mm deeper and 760mm
above the ground.
Disclosure of legal boundaries of the property and recommendations in an email form.
To Jan and Dave
CC
Subject Provisions and recommendations
The obligation regarding the disclosure of the property is specific and documented.
Agents have to comply with the Real Estate Agents Act 2008.It is mandatory to
disclose the information regarding the property and a copy of contractual
document. It contains information about the issues related to the property so that it
does not impact the buyer(Murphy, 2020). The related issues related to property
can be water damage, old house systems and areas of fencing. Material facts such

as if any dispute should be included in disclosure statements. The person should
make the full disclosure of the before the time relating to the documents that relates
to the transaction. It is also said the contract cannot be cancelled into the
contravention of any of its provisions.
It is recommended that customer should take reasonable care while purchasing any
property and buyer should disclose all the material facts and defects related to the
property so that in future buyer should suffer. All the necessary documents should
clearly mention the necessary information about the property which can result into
any penalties if violated the provisions.
Thank You.

CONCLUSION
From the above report it can be concluded that law of real estate plays an important part in
protecting the interests of the customers related to the property and helps in building the
confidence in people in real estate work. Various act has been relating to the human rights and
privacy of the consumers. Case studies related to tenancy acts defines various rights and
obligations of a person and remedies available with the parties regarding the violation of their
rights. Under Real Estate Agents Act 2008, it is mandatory to disclose all the relevant
information regarding the property.

REFERENCES
Books and journals
Beddoe, et.al. 2018. Readiness to practice social work in Aotearoa New Zealand: Perceptions of
students and educators.Social Work Education 37(8) pp.955-967.
Collins, et.al. 2020. Considering the camp: ambivalent geographies of mobile dwelling.Applied
Mobilities 5(1) pp.21-38.
Innes, J. amd et.al., 2019. New Zealand ecosanctuaries: types, attributes and outcomes. Journal
of the Royal Society of new Zealand. 49(3). pp.370-393.
Lopez, L.A., 2021. Asymmetric information and personal affiliations in brokered housing
transactions.Real Estate Economics49(2) pp.459-492.
Malloch, H., 2021. Building a secure fence and a well-functioning ambulance: Reforming New
Zealand's natural disaster insurance scheme. Victoria U. Wellington L. Rev.. 52. p.137.
Murphy, L., 2020. Neoliberal social housing policies, market logics and social rented housing
reforms in New Zealand.International journal of housing policy 20(2) pp.229-251.
Song, A.M. and Soliman, A., 2019. Situating human rights in the context of fishing rights–
Contributions and contradictions.Marine Policy103 pp.19-26.
Online references
A, B., 2018. [Online]. Available through <>
https://www.poolandspareview.com.au/content/equipment/article/across-the-ditch-pool-fencing-
in-nz-126959873>
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