7 September 2016

Compliance & Contracts

From listing through to settlement, Daniel Schellack makes sure that we do our absolute best to protect the legal interests of both buyers and sellers.


Ray White Ponsonby is one of the first real estate firms in the country that employed a full-time legal advisor, dedicated to advising and educating our licensed salespeople and vendors about compliance.

Compliance is a huge and often complex part of the residential sales journey and can create lengthy and expensive legal issues for sellers post sale. Having an expert on board, 24/7, who can professionally disclose any potential legal issues to purchasers, whilst strategising to obtain the best price for the vendor, gives us a huge advantage over our competitors.

He will be with you at every stage of your journey, from listing through to settlement, making sure that we do our absolute best to abide by the law.

Daniel Schellack joined Damerell Group in 2013, as a cadet salesperson. However his passion for law soon led him to persuade the senior management team of Simon Damerell and Gower Buchanan to set up and develop this unique and ground-breaking role involving compliance and contracts. His acumen and legal expertise now ensures our team of salespeople are setting the industry benchmark for what both vendors and purchasers can expect from our licensed salespeople.

Daniel’s services come at no extra cost to you, the vendor – he’s part and parcel of the standard Ray White Ponsonby sales package. 

Every home listed with Ray White Ponsonby gets a personal site visit from Daniel, to ensure that what is recorded on paper, in terms of the law, is an accurate representation of the property itself. This includes checking on works that have been carried out, as shown on the LIM, and advice on how to deal with any anomalies, prior to going to market. This is a service unique to Ray White Ponsonby and is one of the many points of difference we offer over other real estate firms.

Daniel also provides an additional layer of legal protection and service. Daniel helps our salespeople to balance their legal responsibility with our requirement to get our clients the best price for their property. He does this by drafting specific clauses that are inserted into the sale-and-purchase agreement, prior to being sent out to your solicitor for their approval.

Although he’s always available to assist with the legal requirements of marketing your home, Dan is clear to point out that he cannot act as your legal representative, as that would be a conflict of interest.

At the end of your campaign, Dan will be present at the Sapphire Room, Ponsonby Central, for the auction, to answer any last-minute questions or queries from either yourself or your salesperson… or even a potential purchaser.

Even though he’s in the background, Dan will be there throughout the entire sales process – from listing to sale, and right through to settlement – backing up the salesperson and you, the vendor, with his legal expertise.

Post auction, once an agreement has been entered into, he reviews the documentation to make sure all the signatures are in the right place and that there are no clauses that are confusing. He will also liaise with the solicitors for the respective parties so that there is clear communication. Selling houses is very stressful. Having a legal expert like Dan to identify any potential issues and deal with them before the campaign even begins is all part of the service offered by Ray White Ponsonby.

Daniel's expertise could reduce your legal costs substantially.

The Rules Around Disclosure

Vendors and purchasers, alike, need to understand the requirements imposed upon licensed salespeople by rule 10.7 of the Real Estate Agents Act (Professional Conduct & Client Care Rules) 2012.

We are required to disclose any issues that are known to us. We are not required to go looking for hidden issues. However, if there is anything about the property that would make us suspect that there could be a hidden issue, the law is very clear what we have to do. There are only two options open to us: The first, which we predominantly utilise, is to disclose to potential purchasers that there may be an issue and recommend that they do whatever they need to do to have peace of mind in the purchase. The second option is to have the vendor provide evidence to us, from an independent professional, that there is no issue.


Return to blog

More recent posts

27 April 2017

Outdoor Fireplaces

We talk to Gordon Subritzky, technical manager of The Fireplace, about the practicalities and aesthetics of installing a fireplace into an outdoor living area.

21 April 2017

March Market Wrap

As the money supply tightens and the market is getting squeezed, properties that don’t tick all the boxes are not selling at the same pace of 12-18 months ago.

20 April 2017

King of the Road

If anyone is qualified to comment on the changes to Ponsonby over the years, and Ponsonby Road in particular, it has to be Peter Rogers.

13 April 2017

A Curious Collection

Vanished Delft is an exhibition of diverse contemporary objects within the historia rooms of Auckland’s Pah Homestead, curated by Anna Miles.

5 April 2017

Sustainable Dilemmas

Looking to turn your heritage villa, cottage or bungalow into a modern energy-efficient sustainable home? Architect Lindley Naismith says proceed with your eyes wide open.

29 March 2017

Baby Steps

If you’re looking for the ideal starter home in Auckland’s hottest suburb, then this could well be it.

29 March 2017

AirBnB – Dollars and Sense

Does AirBnB spell cashflow heaven or horror for homeowners?

22 March 2017

Strolling Through Ponsonby

Local artist Dean Tercel's relationship with Ponsonby and its surrounds has become an essential part of his creative being.

20 March 2017

February Market Wrap

Sales volumes are down, but prices are up – that’s the advantage of owning a home in Auckland’s most liveable neighbourhood.


Contact Us

Are you interested in knowing more about one of these articles? Please fill out the form below to get in contact with us.