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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22674
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am helping my sister with the private sale of her house. I have often sold my own. At w

Customer Question

I am helping my sister with the private sale of her house. I have often sold my own. At what point when helping with private sales do you need to have a licence? If I help others with marketing and open days but not the sale and purchase (just have an expression of interest for them to give their lawyer) am I crossing any lines?
Thanks
Heather
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The most important thing is not to charge any fee for what you do. But the Real Estate Agents Act says in section 6Persons may not carry out real estate agency work unless licensed or exempt
(1) A person must not carry out any real estate agency work unless the person—
(a) is licensed under this Act and acts within the scope of that licence; or
(b) is exempt from the licensing requirement under any of sections 7 to 9 or under another enactment.
(2) No person may hold himself or herself out to the public as ready to carry out any agency work if that person is not licensed under this Act or exempt from the licensing requirement under any of sections 7 to 9 or under another enactment.
(3)For the purposes of this section, it is immaterial whether or not a person carries out any agency work as a business in its own right or as part of, or in con
Expert:  Chris The Lawyer replied 1 year ago.
So you do need to be careful about being identified as helping her, and doing things like talking to buyers
Expert:  Chris The Lawyer replied 1 year ago.
If you are seen to act as her agent that could be a problem, so you shouldn't talk to others on her behalf or be identified on advertisements as being her agent

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