Complaints & Dispute Resolution

In-House Complaints / Disputes Resolution

In accordance with Rule 12 Real Estate Agents Act (Professional Conduct and Client Care Rules) 2012

Introduction
All licensed real estate agents are required to have a written in ‐ house complaints and dispute resolution procedure.
That procedure is set out below.
You do not have to use our complaints and resolution procedure. You may make a complaint directly to the Real Estate Agents Authority at any time. You can make a complaint to the Real Estate Agents Authority even if you choose to also
use our procedures.

In‐house Complaints and Dispute Resolution Procedures
Our complaints and dispute resolution procedures are designed to provide a simple and personalised process for resolving any complaint you might have about the service you have received from our agency.

STEP 1: Call us and speak to the manager, Martin Albrecht 021 56 56 82. Tell the manager who you are complaining about and what your concerns are. Let the manager know what you would like done about your complaint.
STEP 2: The manager may ask you to put your complaint in writing so that they can investigate it. The manager will need a brief period of time to talk to the team members involved. We promise to come back to you within 10 working days with a response to your complaint. That response may be in writing. As part of that response we might ask you to meet with members of our team to discuss the complaint and try to agree a resolution.
STEP 3: If we are unable to come to an agreed resolution after a meeting, or if you don’t wish to meet with us, then we will provide you with a written proposal to resolve your complaint.
STEP 4: If you do not accept our proposal, please try and advise us in writing within five working days. You can, of course, suggest another way of resolving your complaint.
STEP 5: If we accept your preferred resolution, we will attempt to implement that resolution as soon as possible. If we decline your preferred resolution, we may invite you to mediate the dispute.
STEP 6: If we agree to mediate the complaint but don’t settle the complaint at mediation, or we do not agree to mediate the dispute, then that will be the end of our process.

REMEMBER: You can still make a complaint to the Real Estate Agents Authority in the first instance and, even if you use these procedures, you can still make a complaint to the Real Estate Agents Authority at any time.

The Real Estate Authority
c/- PO Box 25 – 371
Wellington 6146
New Zealand
Phone 0800 for REA or 0800 367 7322

https://www.rea.govt.nz/make-a-complaint/

Disputes Resolution Process

REINZ has always firmly held the view that agencies should work collaboratively to minimise the risk of subjecting clients to a double commission situation. This is consistent with REINZ’s objective to promote integrity in the real estate industry and to enhance the public reputation of its members.
This process is for disputes over claims not exceeding $75,000 in total and intended to be used typically for disputes concerning commission-related matters but can be used for other types of disputes between member agencies.
Where any dispute exists (including a Commission Dispute, as defined in the REINZ Code of Agency Practice) with another Agency Member of REINZ, REINZ members are expected to use and follow REINZ’s Disputes Resolution Process as set out below:

1. Agency Members involved in the dispute must endeavour to resolve the dispute by negotiation.
2. If step 1 is unsuccessful, then the Agency Members in dispute must contact REINZ to inform the matter disputed and to state in writing that step 1 has first been exhausted. REINZ member agencies in dispute should read the processes as outlined in this document and the REINZ recommended Adjudication Agreement.
3. Either party is to contact the REINZ Chief Executive Officer’s Executive Assistant to advise of a disputed matter.
4. The disputed matter will then be referred to an adjudicator appointed by REINZ (“the adjudicator”) unless, in the view of REINZ, the matter is not suitable to be referred to the adjudicator. Upon the Agency Members being informed of this referral by REINZ, they must promptly execute the REINZ recommended form of Adjudication Agreement or any other similar agreement under which both Agency Members agree to be bound by the adjudicator’s determination and is approved by the adjudicator.
5. The initiating party must make a payment of $1,500 plus GST to the adjudicator. This sum will be held in trust by the adjudicator to secure the adjudicator’s fees until a written determination is delivered.
6. The adjudicator appointed by REINZ is someone who is, in the view of the REINZ Board:
a) Legally qualified; and
b) Independent of the real estate industry; and
c) Has experience and skills in dispute resolution; and
d) Carries professional indemnity insurance.
7. REINZ Advisory Services will discuss the matter with the parties and check that the REINZ Adjudication Agreement is executed by both.
8. Each Agency Member must provide all related documents and submissions to REINZ within the timeframe set by REINZ which may vary depending on the circumstances of the Agency Members. REINZ Advisory Services will summarise the paperwork produced by the parties and will refer the disputed matter to the adjudicator. REINZ may assist the adjudicator with any research and/or investigation so that the adjudicator can proceed to a determination in an expeditious manner.
9. REINZ will then prepare a summary of the facts disputed and refer the dispute to the adjudicator for a written determination. Based on these documents produced, and any further subsequent document produced by the Agency Members to the adjudicator, the adjudicator will provide a written determination on the following:
a) How the commission should be allocated between the parties; and
b) How the adjudicator’s fee should be apportioned between the parties; and
c) Any other ancillary matters that the adjudicator is asked to determine by the parties.
10. The adjudicator will be in contact with the parties where and as necessary.
11. On the basis of the documents produced by the parties, the adjudicator will determine the matter. The adjudicator will provide the parties with a written determination.
12. The Agency Member(s) must pay the adjudicator’s fees in accordance with the determination within 14 working days of receiving the written determination.
13. Non-compliance with the determination will be considered as a disciplinary matter for the non-complying member under the REINZ Rules, independent of the REAA. The parties may also seek enforcement of the
adjudicator’s determination through court process.