Written by John Williams
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.