The Online Listing Authority Form
The prospective clients must fill in the online Listing Authority form which will require them to provide information about all the legal owners of the property, the property itself, their solicitor and in the case of a commercial property, their accountant.
Each advertising package has an upfront fee which must be paid in full prior to any marketing being booked.
Upfront fees paid will not be refunded if the listing is cancelled, withdrawn or similar and this is clearly detailed on our website and in the terms and conditions
https://realestateme.co.nz/terms.aspx
The online Listing Authority form captures all the information we need to comply with our obligations under the Anti-money laundering act and all the consents we require under the REAA 2008.
Once the form is submitted, it will automatically create the property record and vendor contact records in the sellers Dashboard, which they can access at any time.
Client Warranties
1.1 The person signing this agreement as or on behalf of the Client warrants that he or she has full authority to do so.
1.2 The Client warrants that the Property is not, and has not been, subject to any weathertightness issues known to the Client other than as may be identified in this agreement.
1.3 The Client warrants that the Property is not, and has not been, used for the manufacture of methamphetamine, to the Client’s knowledge, or been subject to methamphetamine contamination known to the Client, other than as may be identified in this agreement.
1.4 The Client warrants that, having made proper enquiries, to the best of the Client’s knowledge and belief:
1.4.1 the information provided in this agreement (including but not limited to the attached Property Description) is correct;
1.4.2 the Property is not subject to any defects or hazards, requisitions or notices from any party other than those identified in this agreement, if any; and
1.4.3 has not omitted any material information to the Agent.
Indemnity
2.1 The Client (and if more than one, jointly and severally) indemnifies the Agent, the Licensees and any of their respective employees, agents or contractors against losses, damages, claims or other liability arising from any inaccurate information provided by the Client or any material omissions by the Client in this agreement.
Authority to Use Property Information
3.1 The Agent is committed to compliance with all applicable laws, including privacy and copyright laws. The Client confirms that it has obtained all necessary authorisations (including under privacy law) to allow the collection, storage, use and disclosure of information (including information about an identifiable individual (“Personal Information”)) pertaining to the Property for the purposes of:
3.1.1 the Agent’s marketing and promotional activities;
3.1.2 listing the Property on real estate and property listing websites (including the Agent’s website and third party websites);
3.1.3 collating and sharing property information for research, reports, statistical analysis, and other purposes, including in particular sharing listing and sales data with the Real Estate Institute of New Zealand Inc (“REINZ”) for inclusion in the aggregated databases, reports and materials made available by REINZ to people in the real estate industry and others;
3.1.4 generating and publishing sales and other reports (whether generated by the Agent, REINZ or by any third party accessing such information); and
3.1.5 and any related purposes.
Anti-Money Laundering and Countering Finance of Terrorism Act 2009 (AML/CFT Act)
4.1 The Client acknowledges and agrees that:
4.1.1 The Agent may collect information about the Client to undertake customer due diligence and take any other steps that may be necessary to comply with the AML/CFT Act;
4.1.2 The Agent may use customer due diligence services (including electronic based services from a third party) to verify the Client’s identity and customer due diligence under the AML/CFT Act;
4.1.3 This agreement is not effective and a business relationship for the purposes of the AML/CFT Act is not formed until customer due diligence has been completed. Until customer due diligence has been completed the Agent is not able to perform any of its obligations under this agreement.
If you have any questions about this form or the information required, please contact us.
REA Guidelines
The Real Estate Authority in New Zealand have excellent guides for those planning to sell. Please find these guides by following the links:
REA Agency Guide
Please ensure you have read the REA Guide - Agency Agreement before submitting your listing form
REA Agreement for Sale & Purchase guide
Please ensure you have read the REA Guide relating to the Sale and Purchase Agreement before signing a contract.