Law for Real Estate Agents: Risk, Disclosure, Complaints and Disputes
WEB213NZA14: In New Zealand, real estate agents are required to comply with strict standards of conduct, and if you do not, your clients may be entitled to compensation. Attend and hear from legal experts who will help you ensure you do not breach your obligations to vendors and purchasers of properties. You will also develop strategies to mitigate risk, learn what you need to disclose as well as how to effectively deal with unhappy customers and complaints.
Description
Attend and earn 3 CPD hours
Real estate agents will receive 3 'non-verifiable' hours for attending this webinar.
Chair: Angela Parlane, Managing Director Shine Lawyers
9.15am to 10.15am RISK, RETREAT, RESET: Mitigating Risk in the Marketing, Sales and Purchasing Process
Presenting a colourful case by way of exploring methods of identifying, analysing and mitigating risk in the marketing, sales and purchasing process.
Presented by Shyrelle Mitchell, Partner and Kent Perry, Senior Associate, Heaney & Partners
10.20am to 11.20am The Disclosure Regime and the Relevance (if any) of Caveat Emptor
- Rules 6.4 & 10.7 (previously 6.5)
- Sale and Purchase Agreement (relating to disclosure by a vendor)
Presented by Nick Kearney, Director, Schnauer and Co Lawyers
11.30am to 12.30pm Unhappy Customers: What Happens When You’re Facing a Complaint or Dispute?
- Case studies
- The differences between a civil claim and a complaints process
- The role of the Real Estate Authority and Real Estate Agents Disciplinary Tribunal
Presented by Jess Keating, Partner, Kennedys
Presenters
Angela Parlane, Managing Director Shine Lawyers
Angela Parlane was admitted to the bar in 1994 and is the Managing Director/Managing Partner of Shine Lawyers NZ Limited. She acts parties involved in litigation involving property transactions and Real Estate agents and breaches of the Fair Trading Act. Prior to joining Shine Lawyers, she ran her own law firm, Parlane Law, specialising in all aspects of civil litigation, insurance litigation, property litigation and building defect cases. She has experience in leaky home cases acting for both home owners, vendors, real estate agents and those in the construction industry. She has acted for Real Estate agents involved in disciplinary proceedings.
Shyrelle Mitchell, Partner, Heaney & Partners
After a successful career in the medical sector Shyrelle entered the legal profession in 2006. Since then, Shyrelle has worked with the team at Heaney & Partners and has developed a successful professional liability insurance practice. Initially her practice focused on construction liability claims for local government. In more recent years she has developed and now heads up the firm’s real estate agent practice acting in particular for a national company and its insurer. This involves assisting in both external claims and internal employment complaints. Shyrelle holds a Master of Laws degree with First Class Honours in the Laws of Torts/Employment and Local Government Law.
Kent Perry, Senior Associate, Heaney & Partners
Kent began his career working in a boutique insurance litigation practice in Auckland where he acted for insurers defending professional liability claims brought against solicitors, real estate agents, valuers, engineers and architects. In 2010, Kent joined the predecessor of the firm as a solicitor. The claims in which he was involved included building defects, land slips, contamination and breaches of the Resource Management Act. In June 2012, Kent moved to London where he joined the professional indemnity team of a mid-tier insurance specialist legal practice and acted for insurers defending professional liability claims against valuers, estate agents and auctioneers. Kent then moved onto Lloyds Bank plc. At Lloyds, Kent managed a team responsible for defending the bank against regulatory and ombudsman claims. He returned to Heaney Partners in January 2017 and was promoted to Senior Associate in April 2019.
Nick Kearney, Director, Schnauer and Co Lawyers
A practising barrister and solicitor for almost two decades, Nick’s always had a client-first approach. That approach has come from an incredibly varied career – including six years as a police officer investigating serious and organised crime. After graduating with a Bachelor of Law in 2001, he started his law career at Schnauer and Co before practising law at various firms across Auckland for several years. In 2009, he returned to the Schnauer and Co family and became a Director in 2014. Today, he heads up the property and commercial team and consistently works to create a client-focused, down-to-earth culture among the entire Schnauer and Co team. A long-time North Shore local, he’s deeply invested in the North Shore community and is a strong supporter of his old school, Westlake Boys High School
Jess Keating, Partner, Kennedys
Jess is a partner in Kennedys’ Auckland office and has broad experience representing national and international insurers on claims and recoveries ranging from small disputes to large multi-party claims. In her core practice she handles claims involving professional indemnity, cyber, public/product liability, statutory liability and recovery actions. Jess graduated from the University of Auckland and was admitted as a barrister and solicitor of the High Court of New Zealand in 2000. Following this she worked as a general and insurance litigation solicitor for six years in Auckland. Following a brief time in London in the litigation team of a US firm, she branched out into organisational development for six years with a focus on leadership. Jess then returned to law and has been with Kennedys since 2013. She has significant experience representing real estate agents and their insurers in civil claims and in the complaints jurisdiction of the REA.