|
|
I have a problem with a Real Estate Sales Person or a Real Estate Agency. What can I do?
There are a number of option you have, however we would recommend that you approach it in this manner.
1. Talk to the branch manager of the Real Estate Agency that you are dealing with.
Phone the office, ask for the name of the 'Office Branch Manager', write that down then as to be put through to them. Discuss your issue(s0 with them in a calm rational manner, telling them of your issue(s) and why they are an issue to you. Ask them for a copy of their "In House" complaints and dispute resolution procedure, which they are required to have by law. Also ask them what they can do in order to resolve this for you. Hopefully the matter will get resolved over the phone. If this is so then make notes of what was agreed to and send the Branch Manager an email or letter confirming what you understand that you have agreed as a result of your issue with them. It is important for you to include in this letter details of your issue(s) prior to it being resolved and a request that receipt of this letter is sent back to you. Keep a copy of this letter for yourself.
2. I talked to the Branch Manager and I am still not happy with what they are suggesting as a solution.
Should you not be able to resolve this issue over the phone then you need to ensure you get a copy of heir "In House" complaints and dispute resolution procedure. It should read similar to what we have said here. Now you need to send an email or letter to the Branch Manager stating that you have a complaint and outlining your issue(s), including what you would like them to do to resolve these. Following this there should be more communication from the Branch Manager to you. Hopefully the result of this may resolve the matter.
3. I am still in disagreement with the Branch Manager as to how we resolve this issue.
Once you have got to this stage then it appears that you will need outside intervention to get a resolution. There are a few ways this can happen, however I will cover one consensual and one adversarial approache that we have knowledge about. The first is the consensual approach by taking the matter to mediation. Either contact us directly by filling in the form above and clicking "send message" or phone us on 0800 746 225. We will talk you through the process. Depending on the situation our fees for involvement either get paid for by the Real Estate Agency or there is an agreement to some form a split. As mediation is a voluntary process it will only happen if both sides agree to take the matter to mediation. If both side want to go to mediation then typically we can set a mediation date within two weeks from the completing of the paperwork.
4. I want to go to mediation but the Real Estate Agency is refusing.
This now leaves the adversarial option, which is a formal complaint to the Real Estate Agents Authority (REAA). Their website is www.reaa.govt.nz. You dont need to follow the procedure that I have outlined above as you are perfectly entitled to go straight to the REAA with your complaint at any time, however no one is perfect and us humans do make mistakes. I believe that it is preferable to give a person or an organisation the opportunity to fix a mistake or error that they have made first. If they cannot or will not put it right as far as you are concerned then yes, it is nice to have the REAA as a backstop. As with all adversarial procedures, once you make a complaint the power is taken away from you and transferred to the REAA Complaints Assessment Committee (CAC). The issue is now out of your hands and what they determine is final, with limited rights of appeal. The REAA publish some of the decisions made. You can access these by clicking here. Currently there is a considerable time delay from when you lodge your complaint until it is heard.
|