Property editor of the NZ Herald

New road, zoning undisclosed by real estate agent

The real estate agent failed to tell buyers about a new road and zoning changes. Photo / iStock
The real estate agent failed to tell buyers about a new road and zoning changes. Photo / iStock

A real estate agent failed to tell buyers about a new road going through a neighbouring property up for sale where the zoning was about to be changed to light industrial - yet the prospective buyers were looking for a quiet, serene place.

A complaints assessment committee of the Real Estate Agents Authority heard the case of unsatisfactory conduct but the agent's name and where she worked were suppressed.

A decision on the case said the agent had told the buyers about the road but the decision found she had not.

"The details of the complaint are that the licensee failed to disclose that there was a proposal to build a road extension running across the property next door which would result in a road bordering one boundary of the property, and development of the presently undeveloped neighbouring land," the decision said.

Prospective buyers of the property complained about the agent."They say the licensee was aware of the proposal by the district council to construct a road on land on the boundary of the property; that she was aware the neighbouring land was to be re-zoned light industrial; and that she failed to disclose the proposed road construction to the complainants," it said.

But the agent said she had revealed the roading proposal and the light industrial zoning might not go ahead.

"The licensee responded to the complaint against her. In particular, the licensee commented that the roading proposal was part of a proposed change to the district plan which was unlikely to proceed. She also said that the zoning was not going to be changed to light industrial, rather surrounding areas might become residential, and that she did have a conversation with the complainants in which the proposed road was mentioned," the decision said.

"The complainants were seeking a quiet or serene property and advised the licensee of this prior to making their offer. The property at present meets that criterion. It may not do so if the road construction proceeds," the decision said.

- NZ Herald

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