The Resident Builder podcast: January 26, 2025

This week on the show, ZB's Resident Builder Pete Wolfkamp discusses the latest issues impacting the world of construction - and answers questions!

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Episode Transcript

Speaker 1 (00:06):
You're listening to the Resident build Up podcast with Peter
Wolfcamp from News Talks at Bay.

Speaker 2 (00:13):
Even when the dog is too old to bar, and.

Speaker 3 (00:18):
When you're sitting at the table trying not to start,
the house scissor home, even when Wilma band gone, even
when you're there alone, ale house is a hole, even

(00:44):
when those ghost even when you got around from the
ones you love your most, you scream, dose, broken plaints,
feeling from the wood locals wisper when they're going to
leave the neighbor. The house snizz a hole, even when

(01:05):
Wilba band, when you're loon.

Speaker 2 (01:18):
And a very very good morning to you. Welcome along
to the Resident Builder on Sunday. That's with me people
wolf Camp, the Resident Builder, and this is the opportunity
to talk all things building and construction. So if you've
got a project that's underweight, it might be an ultration,
it might be a renovation, it might be an addition,
it might be a new build. It might just be
some good old fashioned maintenance that you're doing around your

(01:41):
place and you've got a question about it. Whether that's
around gosh, could be around the regulations, could be around
the products that you use. It could be around the
tools that you use and the gear that you need
to get the job done. It might be around the
like I say, the regulations, the contractors, the materials, whatever
it is that relates to building and construction and your place.

(02:05):
We can talk about it this morning on the program.
So a very good morning. Nice to be back in
the studio here in Auckland. If you were tuned in
last week, I was down and told on it, which
was fabulous and great to be broadcasting out of another studio.
Nice to be back in Auckland. A little bit of
a miserable day, and I'll see if we get some
more information about the power outage at Munga Fi. I

(02:28):
think it is where some three thousand houses without power
in the possibility of there being a small tornado. If
you know anything about that, feel free to give us
a little bit more detail. And I mean it is
days like this that you go ah, that's the reason
that I wander around and make sure that the drains
are clean and the spoutings working, and the downpipes are

(02:49):
actually connected to the storm water, and the windows have
got latches on them that keep them closed. If I
mentioned this the other day, I got a call from
a mate going, look, could you just do you have
any plywood? And it was a property that they look
after where with the high winds early in January, it

(03:10):
literally just popped the bifold doors open, smashed them to pieces,
glass all over the place and a great b opening
smack bang in the middle of the public holidays. So
you know, the little things often make a big difference.
And I tell a story often when I'm doing public
speaking about a window that fell out just because someone

(03:31):
had you know, like, oh, I must get round to that.
I must get round to that. I must get round
to it. So if you've got a job that you're thinking, gee,
I must get round to that. But I'm not quite
sure where to start. We can talk about that on
the program this morning as well. Oh, eight hundred eighty
ten eighty is the number. Nine two nine two is
the text if you'd like to send me a text,
just like Felicity just has, and if you'd like to

(03:53):
email me, that's a doable thing as well. That is
Pete atnewstalk zb dot co dot nz. A couple of
things coming up on the show today, prompted by a
conversation which I was really intrigued by. To be fair,
I'm intrigued by all of our conversations, but one stood
out to me from a couple of weeks ago where
a caller said, look, I bought a house, discovered that

(04:18):
there were some problems with the house, discover that the
previous owner knew about them but failed to declare them
in the sale and purchase, went through the disputes tribunal,
and got it might have been twenty or thirty thousand
dollars from the excuse me, from the vendor from the
previous owner of the property, some two years after the

(04:40):
sale and purchase. Now, that was a little bit intriguing
for me, and so during the course of this week,
I rang a guy that I've gone to for sort
of real estate advice on a number of occasions because
he's a real estate agent. He's a very good real
estate agent, Wayne McGuire. We had a bit of a
chat and I said, look, I think this is something
we could talk about on the radio. So he's coming

(05:00):
in just after eight o'clock this morning, Wayne McGuire, who
was a Ray White's real estate agent and agency owner,
to talk about exactly that. And it's really around there'll
be a whole lot of things we want to talk about,
but in particular, when you're going to sell a house,
what do you as the vendor need to declare because

(05:23):
it's there in the contracts and there's an opportunity. We
had some texts last week about this, where you know,
people were sort of like, well, if I don't know,
am I okay? If I genuinely don't know that there's
a problem with the house because I'm not a building expert.
I'm just a homeowner selling a house, you know, and
that becomes a problem later on. So we'll talk about

(05:45):
all of that subtlety around what you have to declare,
what you have to know, et cetera, et cetera, with
Wayne Maguire from Ray White's Realty at just after eight o'clock.
And to be fair, if you've got a text question
on that, feel free to fire them through and I'll
stack them up and we'll see if Wayne can deal
with a couple of those questions too. But we are
going to be very specific. It's really about what you

(06:06):
have to declare, what is reasonable that you should know,
and who determines that. So we'll talk about all of
those things after eight o'clock. But right now it is
your opportunity to talk all things building and construction. If
you're in the Upper North Island, it's a little bit
wet and wild. Not so much rain last night seemingly,
but a lot of wind. And when the rain did

(06:27):
come through. Had some friends who went off to opera
in the park out at Glover Park and Saint Helier's.
I think they got about halfway through that and then
the organizers said, look, it's just not practical and safe
to continue. So weather impacting our events. So yeah, and gosh,
I was watching too that storm that's rolling through Northern Ireland, Scotland,

(06:50):
parts of the UK, you know, watching roofs peel off buildings.
I was intrigued by one which looked like a relatively
new build, you know, lots of glass, lots of steel,
big overhang and the entire roof just got peeled off,
what like a reasonably new build. It's one of those
things as a contractor when you're there going why do

(07:12):
I have to put in all these brackets? Why do
I have to put in all these extra screws? Why
am I you know, out of da Well that's why
basically it stops stuff getting torn apart in extreme weather events,
which to be fair not so extreme these days, we're
getting them more and more. Eight hundred eighty ten eighty
is the number to call open line on all things
building and construction. Coming up fourteen minutes after six call

(07:35):
us now eight hundred eighty ten eighty. We'll come to
a couple of texts in just a moment, but if
you've a great time to call, we are going to
have a guest from eight o'clock, so it's going to
get a little bit busy. We're into the garden with
Redklin past. I've had a couple of correspondences with rud
over the last couple of days, mainly me sending him
pictures of myself, my wife and our son at Wingspan.

(08:01):
So we went there. If you were listening to Sean Sunday,
we were on our way down to Rotrue and then
one of the things we wanted to do there was
head out and a two wingspan, which we did on
the Monday, beautiful day there. As it happens, it was
actually closed, but Ennica, the manager came out she was
working anyway, opened the gates. We went in and had

(08:23):
some time with the falcons which are amazing and with
the little ruru and saw the work that they do
and the space that they're creating. It was absolutely fantastic.
And then I said what was I thinking about? Yes ah,
And then just by the bike, if you happen to

(08:45):
be watching the Block Australia like I am, and our
family is there, I was happily watching away looking at
out door week thinking oh, that's right, that's when I
was over there. This was back in May of last year.
I shot over for two nights, stayed at Phillip Island,
had a day and a bit of a day, and
the next day on site at the block and there

(09:07):
I am standing in the back of the shot. So
that was a bit of a laugh, rightiot, Let's get
into it. Oh eight hundred and eighty ten eighty is
the number to call. Texts come through morning peat. I've
got a nineteen twenties villa and one of the windows
has started to rot and the glass is slipping down.
It's the only one that has this problem. When it's fixed,
it has to match the rest of the house. A
woman in my early fifties, not sure how to start

(09:28):
about getting it fixed before winter. Many thanks, from Felicity.
Didn't send this last week, but hopefully the email with
the pictures will come through. Haven't seen it, but I'll
check that out in just a moment. I mean, it's
obviously a reasonable amount of decay in the window if
the glass is starting to slip out. So I'm thinking
that the mortise and tenin that holds in the bottom

(09:51):
rail of your in the sash has actually started to rot,
and that's dropping down, and then the glass is dropping down.
It might be possible just to remove the entire sash,
remove the rot, or cut out some of the rot,
fix a piece of tantalized timber into there, and kind
of just slide the glass back into place. Maybe you

(10:12):
have to do a little bit of reputtying and repair
it on site. It might be that it's that bad
that the entire sash needs replacing, in which case you're
better off going to a local joiner, a timber joiner
who specializes obviously in making timber joinery and wooden sashes.
They could remake a sash based on the one that

(10:32):
you've got. Then it's a question of getting someone to
come and hang it, which might be someone in the factory,
but often they've got exterior contractors, external contractors rather who
can come out and do that sort of work for you.
But it is quite the process because obviously the sash
is made, it needs to be primed, it needs to
be painted, possibly new glazing installed, hinges installed fitted, and

(10:58):
that can be quite a process, and then hardware reinstalled
and a top coat of paint applied to it. So
there's a little bit of work in that, but it
can be done. So I think the next porter call
is probably going to be a joiner or a good
what we call a jobbing carpenter. I don't know if
it's a common word anymore, but it's a sort of

(11:19):
carpenter that specializes in not so much odd jobs, but
just these small maintenance tasks and typically someone with a
bit of experience who might be able to do the
job on site. Take the sash out, make the repair,
fetch in a new piece of timber, put it all
back together again, give it a coat of paint. Job done,
replace the hinges, maybe redo the hardware. Job done. That's

(11:41):
what you need to do. Oh eight one hundred eighty
ten eighty this is the number to call. The text
from Shane. There's apparently some changes. The district plan in
Northland requires all driveways to be sealed for the restriction
of dust. Goodness me this now excludes permeable driveways like paving,

(12:01):
but that's permeable as a specifically designed to be permeable.
I presume one issue big flooding risk. Too many homes
with metal drives will now need to concrete a building
work consents on site are required for anything. Oh gosh,
I wonder if there's a limit as in the length
of it. And imagine if you're in a sort of

(12:22):
a more rural area. And I'm just thinking about a
place that we did many years ago where the driveway
would have been the better part of I don't know,
probably would have been close to one hundred meters long.
And I know eventually the owners did many years later
get it concreted, but for a long time it was
basically just metal. In fact, it was tailings that we

(12:43):
got from Ashveldt that we had run in and that
we could compact down. It actually bound together really quite well.
It was great for us when we were building the property,
but it lasted for a number of years after. So
gee that it's going to add a bit of expense.
It might be a good time to be a concrete
contractor in the far North. If you've got a comment,

(13:04):
eight hundred eighty ten eighty, it's the number to call.
It is coming up twenty three and a half minutes
after six. Again reminder, Wayne Maguire from Ray White's Realty
is going to join me in the studio just after
eight o'clock to talk about this really interesting idea or
not interesting it's I was really intrigued by the call
a couple of weeks ago where someone said, look, I've

(13:26):
managed to take essentially a case through the disputes tribunal
and have won some money twenty thousand dollars. I think
from memory from the previous owner of the house that
we've just purchased because they failed to declare in their
sale and purchase agreement's something that we could prove that

(13:48):
they knew about in terms of a building defects. So
we're going to talk about sale and purchase contracts, and
I guess what duty you might have as a vendor
to declare information about the house, particularly if there might
have been an issue. And I'll make a little note.
I had the most glory this day of puttering yesterday,

(14:09):
it was. It was. It was a spectacularly happy day
for me puttering. I'm going to write down the list
of all of the little jobs that I got done,
and you will be amazed. I was amazed when I
finally wrapped up at about six thirty last night. It was
a fabulous day. Anyway, we'll talk about puttering but later
on the show. Oh wait, one hundred eighty ten eighty

(14:30):
the number to call Andrea A very good morning to you.

Speaker 4 (14:33):
Good morning, Pete, Good morning Kate. I had a new
build built next to my home, Yes, And when the contractors,
the concrete guys came in to labor concrete, the degas
hit my seeds in two or three paces, yes, And
I spoke to one of them and said to her that, oh,

(14:55):
you've just popped my seeds, and he said I'll come
over and see. He never returned at all, so I've
got photos that never think of it. But anyhow, the
owner at the time was away overseas, and since he's
come back, I spoken to him. So they builders that
the actual builders came back and nailed one piece of

(15:17):
iron on it right, touched the ravings or any sake
they are the bottom railings, most of them. With the
owner and I spoke, he said, Oh, I'm just so
sick of the whole lot. I just wanted to get
rid of it all. I don't want to have anything
to do with them. So what do I do? As

(15:38):
the owners on the concrete people?

Speaker 2 (15:41):
Well, yeah, I mean, look, I guess there's a kind
of like a hierarchy, isn't it. There's the person that
did the damage, which might be the individual contractor. If
they kind of can't be bothered, then you would go
to the person that paid the bills for that contractor,
which is probably the owner of the property. And even
if the owner of the property is now sick of

(16:03):
the contractors, and to be fair, that's not uncommon, they
still have a responsibility, I would have thought. And even
if they're sick of the contractors, doesn't mean that they
can absolve themselves in my mind, of their responsibility. So
I think, if you've got photographs of the damage, do
you have, by any chance photographs of the fence in

(16:26):
its original state?

Speaker 4 (16:29):
No, that you can compare it to No. I mean
that the fence is about twenty five years but I
mean it's iron, and there was nothing wrong with it before,
so you know, I just because it's not to see
that I've got to be worrying because of the railings

(16:50):
all my side of course.

Speaker 2 (16:53):
Yeah, where it gets really difficult is enforcing it, right.
You know, I think it's quite clear that the person
has a responsibility probably legal but more import moral responsibility
to repair damage.

Speaker 5 (17:09):
Right.

Speaker 2 (17:09):
You cause the damage, you fix it, and you know,
to be you might even end up just writing to
them and saying, look, I understand that you don't want
anything to do with it. I've had an estimate from
a local builder to repair it. It's going to be
five hundred bucks. Please pay that and that's the end
of it. And you know, if they were the owner
of the property, they'd probably accept that and just go look,

(17:31):
I just need to get this gone. But you know,
if they don't reply, if they're not civic, I suppose
they're in their approach. The really hard thing is how
do you enforce it? Do you make a claim for
damages through the disputes tribunal And chances are what would
happen is you could go to the dispute tribunal say

(17:53):
that look, i've had this dispute with my neighbor who's
unwilling to make reparations for the damage that they've caused.
You'll get a date, you'll turn up, they won't turn up.
The referee at the disp tried to bunal will find
in your favor, which they typically do if somebody doesn't
turn up. And then but then you've got something that

(18:16):
you can enforce through the district court, right, and that's
quite useful. So I think if if you can't convince
the person to do the right thing, then dispute tribunal
is probably where you want to go.

Speaker 4 (18:30):
Right, so you think that the best thing would be
better to best to get a contractor and then give
me an estimation about it.

Speaker 2 (18:37):
I think that'd be a really good way of doing
it as well. You know, that's that's if you know
someone and they're okay to just pop out and say, okay, well,
look there's three rails that are broken that you know,
there's this much material. It's going to take me a
couple of hours to do. Here's an estimate for the repair.
And then you can go to the owner of the property.
Has the owner of the property sold the property, Have

(19:00):
they done it as a development?

Speaker 4 (19:02):
No? No, right? So damaged.

Speaker 2 (19:05):
Actually, but the house that's been built next year, is
it just one house or is it several houses? Just
one house? So the person that got the builders in
is the person who's going to live in the house.
They're going to become your neighbor. Okay, should make it
a bit easier. I mean you'd think that, you know,

(19:27):
if you're going to be neighbors, they'd want to do
the right thing.

Speaker 4 (19:30):
But yeah, well he wasn't a nasty or anything about it.
He just sort of said he was sick of all
the things.

Speaker 1 (19:35):
That have got wrong, I know.

Speaker 2 (19:37):
But to be blunt, that's his problem, not yours, true,
you know what I mean. Like, you know, almost all
clients are sick of their builders by the time we've
got to the end of the project, right, you know,
they just they love us when we arrive, but by
the time it's finished, it's like, I'm really pleased to
see the back of you, if we're really honest.

Speaker 4 (20:01):
Yeah, I thought of one that sort of to be
on the project manager, you know, the builders that got
in these contractors, because he didn't even know the name
of them. I know the name of them. I saw it.
Love the truck. But yeah, so he wasn't aware of the.

Speaker 2 (20:18):
Way I'd see it is that ultimately, the way that
I would see it, Andrea, is that ultimately the person
who's paying the bills is kind of responsible. You know that.

Speaker 6 (20:28):
That.

Speaker 2 (20:28):
Yeah, That's how i'd see it. Good luck with that, hopefully.
But maybe getting an estimate's a good idea. Give an estimate.
Go to your neighbor, Hey, this is what it's going
to cost. If you can contribute to it, then we'll
just get it done. It's it's over. Otherwise I am
going to go the dispute trouble.

Speaker 4 (20:45):
Thank you very much.

Speaker 2 (20:46):
Alrighty, all the very best to you. Take care. It's
a tricky one. I'll tell you. What is absolutely worthwhile
is if there is going to be you know, there's well,
intensifications kind of slowed down in most urban areas because
the developers have kind of got out of the market.
But I have noticed in the last little while that

(21:10):
development sites that have sat empty, we're starting to see
some activity. I saw a house getting pulled off a
site the other day. Obviously that's going to be a
bunch of townhouses. If you're the neighbor and you know
that something's going to start happening next door. I would
go through and photograph the roadway, like the curb and

(21:31):
the driveways and that sort of thing. And if you've
got a shared fence or a retaining wall or something
like that, I would go through and photograph or video
all of that. And it's kind of we do it
sometimes where it's like a dereliction report. Right, this is
the state when you started building. If it is damaged

(21:52):
or affected in some way after you've finished your building,
then the contractor or the owner of the adjacent property
should be responsible. And that's where having evidence I photographic evidence.
This is what my fence looked like before you guys
started building next door. Now it doesn't because you've been
running trucks up and down there, or someone backed into it,

(22:12):
or in this instance got hit with a digger. I
did it a couple of well I didn't. Actually the
digger operator that I was using collected like a handrail
of an adjacent property. It was a while ago. We'd
run up and down that driveway I don't know, seventy
eighty hundred times, and almost at the end of the

(22:34):
day clipped it with the bucket on the way out.
So okay, I'll fix that. I didn't get onto it immediately.
I think I did it like a week later, but
that's what you would expect should happen. You may care
to comment. Oh eight hundred eighty ten eighty is the
number to call six thirty three here at News TALKSB Radio.
You're with News Talks heb Pete wolf Camp resident builder

(22:54):
here right through till nine o'clock. We've got a guest
after eight o'clock we've got red Cline passed as always
from eight thirty. Looking forward to that and if you'd
like to join us, it'd be lovely. Oh eight hundred
eighty ten is the number to call.

Speaker 5 (23:07):
Hello Martin, Good morning Peter. Long time, long time caller
and listener and enjoyed your program for a quite few years.
I've got a very major problem there. Last year I
subdivided my three thousand square meet of property into three sections.

(23:28):
But property was created with all the council's RMA services
and easements consented and signed off. And the council then
have consented for us to do earthworks to create a
new building platform and get our ground structure reports to
build a new home. YEP, this straight after Christmas we

(23:49):
got the excavator in and started digging to find that
there's an illegal, non compliant sewage pipe running right through
the middle of my section right going to be right
through the middle of the new house right now. No
easements all that, you know, nothing on any of the paperwork.

(24:12):
And council have been in touch with counsel and they've
sort of just said it's a private matter and don't
wish to be involved.

Speaker 2 (24:17):
Yeah, they'll say that's a civil matter.

Speaker 5 (24:19):
Yeah, yes, yes, do you know.

Speaker 2 (24:23):
We obviously we know where that pipe goes to and
which house will be affected. I'm guessing it's a knock
on the door. And hey, by the way, don't know
that you know, but your drainage runs through my property.
There's no consents for it. I'm building. I'm going to
rip it up.

Speaker 5 (24:44):
They know all this, and I wrote them a seven
day letter, given them, you know, seven days to remove
said pipes. But they're all just sitting back nothing, nothing,
doing nothing, not wanting to put their hands in their pockets. Yeah,
bearing their heads in this end.

Speaker 2 (25:03):
I guess I would probably go to your lawyer and go, look,
I rip that pipe out. Am I legally entitled to
do that?

Speaker 5 (25:10):
And if I have been, I have been, and he's
told me because it's pre exesting, no I can't, but
a couple officials. There's a couple officials. There's no easements,
no written permission to ever have that quite there. And
this pipe, this property was originally borough council land. And

(25:35):
I'm sure if permission would ever given for that pipe
to go through their land, there would be some paper trail.
So it's no about any consentsal permission.

Speaker 2 (25:46):
Yeah, no, not necessarily or even if there was originally permission.
I know his situation similar to this where let's say
there's three adjacent properties, right and and so you got
number one, two and three, number three there wastewater travels
across the backyard of number two, underneath the garage of

(26:10):
number three and finally gets into the council wastewater line
in an adjacent street.

Speaker 5 (26:16):
Right.

Speaker 2 (26:18):
And I've had a look at the gies. I've had
a look on all of the drainage plans. It doesn't
appear anywhere, but it's there, right. Yeah, And without it,
that house number three would literally not There is no
other practical solution. It's a very old one. You know,

(26:41):
this is an old area et cetera. And despite that,
and even though it doesn't appear on the plans, somewhere
along the line, it probably did get consent right back
in the day. So the fact that it doesn't appear
it doesn't necessarily make it illegal. I mean, if it
was something that was done recently, when we know we

(27:03):
should have had consents, maybe you'd feel differently about it. Shivers,
can you bridge it?

Speaker 5 (27:13):
And then it comes right out the bank, straight through
the middle of the house.

Speaker 2 (27:18):
I've done, and.

Speaker 5 (27:21):
There's two two neighbors away. The neighbor beside me that
it comes through first before it ends my property. He
has given me permission to remove it. He doesn't want
to either. He doesn't you know, he's given me permission
to chop it off.

Speaker 2 (27:35):
Hang on.

Speaker 5 (27:36):
The neighbor heads, yeah, but it comes from the next neighbors, okay,
And the neighbor, the neighbor next door doesn't use it.
He's gone through through courts and got all of permissions
to run a new, complete, new saw line down you know,
down the roadway, and so he you know, I've got

(27:59):
my own services and easement told me signed and things off.
But he my next neighbor, he's going I had permission
from the courts to put in he's a new one
right down the roadway, but this one then comes from
probably above that.

Speaker 2 (28:15):
Yeah, I'm with you, Yeah, yeah.

Speaker 5 (28:21):
Yeah, I know it's very awkward.

Speaker 2 (28:22):
Could could you dive because I think it's going to
be uh, I think wow. Tell you one of the
things that happened where because it's private drainage running through
an adjacent property, there is a process where counsel sort

(28:43):
of adopt it, right that because it effectively because private
drainage should really only be on the property that it
relates to, right and then when once it extends to
the boundary, it becomes public. So could you convince counsel

(29:04):
to take ownership of your of that pipe that runs
through your property and effectively through your neighbors? And then the.

Speaker 5 (29:17):
Only way, the only way I can see for it,
I've got to just disconnect topic in the neighbors and
then then fight it and court, you know then, and
which could take years. And these these housess houses that
are affected are going to have no no.

Speaker 2 (29:34):
Sewage or yeah, well that that's what going to work
for them for about a day and a half, isn't it?
Before you know this toilet stop flushing basically.

Speaker 5 (29:43):
And then and then maybe councils and everyone will start moving.
But it's it's not a nice way to go.

Speaker 2 (29:49):
No, it's not. I'm just thinking about the practical implication
of having this pipe running through where you want your
new building platform to be. Could you divert it and
then you can build where you want to build without
having a sewer pipe running underneath the house.

Speaker 5 (30:06):
But it's a non compliant. It's it's one hundred mil surpi.
You know, feeding two houses now, I had to put
my two plub houses. I had to do all things
with one fifty mil. Yes, yes, it's a non consented
It's bit like when you do alterations to your house
and you know you sort of changed, you know, the

(30:27):
window structure or something. You've got a thing so illegally,
if I do that, it's illegal.

Speaker 2 (30:34):
Yeah, I'm with you.

Speaker 5 (30:35):
Yeah, it's not going to be.

Speaker 2 (30:37):
If you were to divert it, and if you took
responsibility for it, you would have to comply with the
current regulations. And if that man's one hundred and fifty mil,
then suddenly you're putting in.

Speaker 5 (30:48):
So you're talking hundred thousand dollars plus is what you're
talking could be Yeah, they have done I do. My
part was fifty thousand dollars for things, and you know
you're talking twice quite twice my distance.

Speaker 2 (31:01):
What would be interesting is if you went back to
council and said, look, you've you know, I've I've complied
with all of the drainage requirements for my property right
and you've given consent for that. You've also given me
seemingly consent for the location of the new build. And
now I've discovered that there's a public drain or a
private train that runs through my land. What do they suggest?

(31:26):
They just go, we don't want to know.

Speaker 5 (31:29):
Yes, these properties are all off a private mary road,
and the councils just close their eyes and shake their head.
I've talked to the council for a couple of years now,
head engineers, and they just close their eyes and what
they don't want themvolved there is been to the Maryland

(31:51):
courts and they've given permission for my neighbor to put
all the services down the LPE near the private road.

Speaker 2 (31:57):
I presume too that given that you've had legal advice
from your own lawyer, and your lawyer is quite clear
and saying you don't have the right to just cut
it off.

Speaker 7 (32:08):
Mhm.

Speaker 2 (32:10):
Is that correct?

Speaker 5 (32:10):
But yeah, but that's from that's that's that's coming from
two neighbors away. My neighbor next door who doesn't use
it just to be a section, doesn't use it, and
it says to create his own. It's quite heavy for
me to cut it off. So now who's my thing
from the where it starts or from where it enters
from where an inters. Yeah, I guess that might be

(32:38):
a bit complicated.

Speaker 2 (32:42):
Hell, I don't I.

Speaker 5 (32:47):
And the only way I see forward is for me
to cut it off and then then I will get
some action from thee.

Speaker 2 (33:00):
An interesting one for our Well, we've had a couple
of We've got two lawyers that I call on on
the show, Mike Thornton, who does sort of construction law,
and then Ben Johnson, who does more property law. It's
no help to you, but that would be a great

(33:22):
question to ask them.

Speaker 5 (33:24):
No, just last week and you had those ones with
the storm water, you know, ye damage well the neighbors
and that and yeah, I'll.

Speaker 2 (33:33):
Tell you what someone's just text through. And it's interesting, morning, Pete.
The pre existing pipe will have to be moved by
the developer, which is effectively you. It's a cost of
the subdividing. Unlucky, but just one of those unseen costs
for developing. Sometimes you win, sometimes you lose. You just
have to take the good with the bad. That's from Tommy.
It sounds like Tommy probably is realistic and maybe it

(33:55):
is just going to be you're going to either have
to bridge it, so you're gonna have to redesign your
slab so that it's bridging, or you're going to have
to divert it and just decide which is the more
cost effective solution, or move the location of your house.
But that's not that easy.

Speaker 5 (34:14):
No, no, of you looking right down unto the lake.
It's oh.

Speaker 2 (34:21):
Yeah, it's an intriguing one. But I think it is
incredibly frustrating, isn't it When you go to counsel and
then the end they just go, we just don't know,
and you go like, you're the people that should.

Speaker 5 (34:33):
Be and these neighbors are just buried the head and.

Speaker 2 (34:40):
Wow, hey, I'm sorry that we can't come to a
conclusion on that, but I'd love to know where you
get to Please let.

Speaker 5 (34:46):
Me know it.

Speaker 2 (34:47):
Thank you very much, we'll take nice, take care then
far out, far out. That could be a mess. I
eight hundred eighty two. Oh, maybe an even bigger mess
if you just caps it. I wait, hundred eighty ten
eighty is the number to call. Six forty eight. Will
take a break, We'll be back with Rose and moment
you and new Stork se b actually just wrapping up,

(35:10):
hopefully bit of that conversation with Martin just a moment ago. Hey,
Pete pipe would have been built installed prior to nineteen
ninety one, so to be considered an existing situation under
the Building Act. Hence it is legally established. And that's
pretty much exactly the same situation as I'm aware of
where like I say, now you know house number one,
two and three all in a row. House Number three's

(35:33):
sewer travels across the backyard of two, through the backyard
effectively of number one, and out into the road. So
it's on a corner site. And yeah, nobody knew it
was there, but it is, and so obviously cutting it
is not really an option, as tempting as that might be. Oh,
eight hundred and eighty ten eighty is the number to call.

(35:54):
Haven't finished about my story about the puttering. I'm just
starting to write my list. It's a very long list
of jobs that I got done. Yes, that was awesome, Rose,
good evening or good morning to you.

Speaker 8 (36:07):
I found myself in a bit of a side situation.
I applied for a council flood report, yes after the
twenty three floods, and I didn't expect anything. They came
back and notted me a buyout and so last thing
I wanted and I've just got choices. Is it possible
to raise a two story brick house?

Speaker 2 (36:32):
Interesting that you mentioned this now because I had a
conversation with very good friends yesterday and they have had
similar things just in the last couple of weeks. And
this is Auckland Council. And I actually went to the
Auckland Council website yesterday and there's a large number of
houses that are going to be bought by council. Like

(36:54):
we're talking seven eight hundred houses through the Auckland area.
So can I presume that.

Speaker 8 (36:59):
You're in Auckland use definitely I'm in one of those.
And whole streets have disappeared, you know, Yes, apparently.

Speaker 2 (37:08):
Yeah it is, and so yeah, I am aware of it.
I see I, well, I don't know that if you
were to, because obviously you want to stay living where
you are, right, and what I'm doing.

Speaker 8 (37:25):
It wasn't in one of the major areas, and no
one else in most street doesn't even apply it, So
wouldn't have applied if I'd realized it could lead to this.
But there were any mornings like that I applied to
I did it get out with drainage?

Speaker 2 (37:38):
Right? Okay?

Speaker 8 (37:39):
Pay unless your neighbors applied.

Speaker 2 (37:42):
So in this now, and just to be clear, rose,
so in this instance here after the flooding, where obviously
did you have flooding inside your house?

Speaker 8 (37:54):
Yes, it was a level about seven, right.

Speaker 2 (37:58):
And so you made an application to counsel for assistance
I guess in terms of remediating drainage and the hope
that would solve it. And the council responses has been
to come back to you and go, we're going to
buy you out.

Speaker 8 (38:13):
Yes, yes, right, And we realized it came from a
cad drain that hadn't been maintained and as soon as
they worked on it, it just immediately subsided.

Speaker 5 (38:24):
Right, Okay, wouldn't get to bear the king.

Speaker 2 (38:28):
Look, it does sound like you're probably going to need
some professional advice, you know, maybe from a lawyer who
can look at the the areas that counsel are going
to buy out. And if yours, you know, I guess
in your situation, if you're the only one like I
do completely understand counsel going you know what, we we

(38:48):
aren't We are not going to be able to fix
this problem in some areas. So our best solution is
to offer to buy people out right, But if that
would typically apply then to your neighbors, because that's illogical
that it's just you unless you're in a particular Well they.

Speaker 8 (39:04):
Didn't apply, so nothing right and they still get insurance.

Speaker 2 (39:09):
Well then I h yeah, that's going to be the
hard thing, isn't it.

Speaker 8 (39:16):
I presume it's just the flooding and you can get fire. Another.

Speaker 2 (39:20):
I wonder whether you may need to go to a planner.
And I'm sure that some planners town planners will have
become very familiar with this process now and go to
a planner, You're probably going to have to pay for
some professional advice and that they then would act on
your behalf to go back to counsel. And in this instance,
because your neighbors are not being brought out and simply

(39:43):
go Actually that that was not my intention. That while
there is a risk of inundation, it's it's infrequent, and
so I would, I mean, maybe even just withdraw your
application for any assistance back in the mo right, Oh,
good morning, welcome back. Sorry appalling broadcasting skills on my part,

(40:04):
just crashing into the news, but I was so captivated
by the conversation with Rose that I completely ignored all
the other stuff. Anyway, we will talk to Rose, wrap
up that conversation if you'd like to join us. Eight
hundred eighty ten eighty is the number to call a
couple of really big issues around development, which makes me
think that maybe it's time to get one of our
legal eagles back on the show as well in the

(40:25):
next couple of weeks, which we will do. Eight hundred
eighty ten eighty. We're taking your calls right now. Remember
after eight o'clock a guest I reached out to gentleman
by the name of Wayne McGuire, who is a Ray
Whites agent, has been an agency owner, so very familiar
with the I guess the laws and the requirement around

(40:47):
sale and purchase agreements, particularly after a conversation on this
show two weeks ago where someone talked about having taken
a successful case against a previous owner of the property,
the person they bought the house from, some two years
after the sale and purchase agreement was completed, because they
found that the person did not declare information that they

(41:09):
were fully aware of around some building defects sought redressed
through the dispute tribunal. Won that case and I think
it might have been twenty grand that they got. So
how does that work? What if you're going to sell
a house, what do you have to do as the
vendor in terms of disclosure. We'll be talking about that
with Wayne McGuire after eight o'clock. MEMBERD at eight thirty,

(41:32):
but right now we'll take your calls at eight hundred
and eighty ten eighty. Rose, thanks for staying with us
for a moment.

Speaker 8 (41:40):
That's okay. I you suggested withdrawing that that wasn't an
option They want.

Speaker 9 (41:44):
You to do that.

Speaker 2 (41:45):
No, I think, gosh, it feels like you've let the
genie out of the bottle inadvertently and it's going to
be really hard to put it back in. I just
wonder whether because you are, you know, like if you
were in a street that was low lying and all
of your neighbors had had an offer from counsel to

(42:06):
buy them out, then I guess it's very hard to
push back against that right. But if you are the
only person that they have made that approach to, I
just feel that that gives you some hope in terms
of being able to negotiate with counsel. The hard thing
is it won't change, or it may not change, the

(42:28):
concerns around flooding that will be on the property file.
And you're right, will you be able to get insurance?
And if later on when you go to sell, you know,
would someone want to buy a house that they can't ensure? Possibly,
but not at market price.

Speaker 8 (42:47):
No.

Speaker 2 (42:49):
Look, I do wonder whether either through your lawyer or
through a property like a town planner, you could seek
some professional advice, someone who understands what the legislation is,
what the parameters of the council offer it is, and
whether or not there's an option for you to push

(43:10):
back and stay in the house. But it's not going
to change the fact that your house has now been
identified as obviously being in a flood zone.

Speaker 8 (43:18):
No, I know that's true, and I just send all
the insurance money over two hundred thousand doing it up
and it's beautiful. Now it's just till I liked it. Yeah,
and that's wasted. If I think they give you that
money back.

Speaker 2 (43:33):
I don't think so. Oh that's a really tricky one.

Speaker 5 (43:36):
And I.

Speaker 2 (43:38):
Hopefully you can take some consolation by the fact that
you're not alone. There will literally I'm aware having looked
at the website yesterday, that many several hundred Auckland property
owners will be in exactly the same situation.

Speaker 8 (43:52):
Yes, I think they are just not in this area.

Speaker 2 (43:55):
No, that's right, Good luck with that. But I think
professional advice from a town planner might be the go.

Speaker 8 (44:02):
Nice to talk. It's not practical to raise the house.

Speaker 2 (44:05):
As their own, well I guess it would be. And
that's a sensible flood prevention issue. So you know, if
you were to say, hey, look what I'm going to
do is I'm going to raise the house and maybe
it's going to be a block basement down below, which
has you know, like if the water comes through, it'll
just flood through, the blocks will be saturated for a

(44:26):
period of time. Or you could lift the house and
put it on poles, certainly there's large areas in the
Bay of Plenty that were also affected by the floods.
Oh sorry, around East Cape and all sorts of areas
there where people are going, actually we might need to
if we're going to rebuild, we're going to rebuild at
a higher level, and you know, if the floods come

(44:47):
then it'll just go underneath the house and carry on.

Speaker 8 (44:51):
But again, was a garrige or not?

Speaker 2 (44:55):
I guess it's non habitable. If it was non habitable,
and if it was designed in such a way that
the water just simply flowed from one end to the other,
you could possibly do that. But then that's a significant
cost on your part.

Speaker 8 (45:08):
Well, it definitely isn't It was a big section. I
wanted to build out the back, and I would have
thought they would allow it if it was built at
the right level. But I don't think that's going to
be an option If I'm a Category.

Speaker 2 (45:18):
Three I don't think so either. To be fair, I
hope it all works out for you. Thanks Rose.

Speaker 8 (45:27):
Thanks, it's interesting plan.

Speaker 2 (45:28):
No trouble, Yeah, good luck with that.

Speaker 8 (45:30):
Thank you all right.

Speaker 2 (45:31):
You take care. Bob oh eight hundred and eighty ten
eighty the number to call if you're I suppose it's
one of those things. If you are aware of this
because you've had a letter from council recently, then you'll
be aware of it. If you're not, like me, I
wasn't well. I was aware that some areas were being targeted,
but identified as areas where there is sort of basically

(45:53):
flood risk that can't be mitigated. And I remember going
to a house before the January twenty twenty three flood
that flooded the previous year and they were going to
get bored out at that time. Well, it's it's confirmed
these areas. It's staggering numbers they If you're interested, you
can go to the Auckland Council website. Just search for

(46:15):
what I searched for was north Shore because I'm on
the north Shore of Auckland buy out and it just
listed literally hundreds of houses. Doesn't say any details about them.
It just says suburb number of houses that are in
that z own number that have been brought out. It's
a big process. O eight hundred eighty ten eighty is
the number to call if you've got a building question.

(46:35):
We can talk all things building, construction, anything really to
do with home ownership and for some people having council
come along and make you an offer and your property
is going to be a reality. So oh, eight hundred
eighty ten eighty is the number, Hollow Georgie. Hi, how
can I help?

Speaker 9 (46:53):
We purchased a property which will be coming up four
years in March, and about a year ago we noticed
a shower this weeking so it was a double lingard shower,
so he stopped giving one in anyway. So just recently
we've ripped the shower out and found that it hasn't
been lined with jib aquiline. It's been lined with ply

(47:17):
which hasn't even been fixed to the wall, and it's
had very minimal waterproofing. So they ran a strip down
the corner and a stripped down underneath where the tats are.
And when we looked at the PS three, the property
owner signed it himself.

Speaker 4 (47:35):
Oh the product he used, Yeah, the product he used was.

Speaker 9 (47:38):
From the warehouse, yes, and where the council obviously signed
off on this. We're having to rip the shower up
and replace it. Obviously the woods the base places are rotten.
Do we have any come back on him because he
signed the PS three.

Speaker 2 (47:57):
Which is kind of what date is on the PS three?

Speaker 9 (48:01):
Oh that I don't know when the build was done?

Speaker 2 (48:07):
Which how long ago? Do you think that was sort
of early two.

Speaker 9 (48:10):
Thousand, approximately four years, just over four years, because we
bought it four years ago and they hadn't lived in
it very long.

Speaker 2 (48:20):
Oh okay, then yeah, I think you do. Because by
it's interesting that someone who's not can I ask you,
without going to too much detail, where are you in
Auckland or somewhere like that?

Speaker 9 (48:37):
No? Final?

Speaker 2 (48:38):
Okay, all right, because for example in Auckland, and I
mentioned this just for everybody else's information, like, in order
to issue a producer statement, particularly for waterproofing, you have
to be on the approved Producer Statement author register with
Auckland Council, right, So it stops this process, right, So

(49:03):
I know I've if I've had a waterproofer work for me.
You can either go online and check or when it
comes to CCC time council check that the person who
has been the author of the producer statement is in
fact qualified to issue or to author a producer statement,

(49:26):
and they will reject ones that are from someone who
just signs one. Right because because typically in order to
do waterproofing most manufacturers of the product will have a
licensing system, right, so only someone who is licensed to

(49:46):
install that product should be the person doing the installation
of that product in most cases. So I think that
you probably do have a claim because the person has
also by authoring the producer statement, they're implying a warranty, right,
and that warranty should at a very bare minimum extend

(50:09):
for ten years. It's failed within that ten year period,
they are then responsible for it. So I think you've
got a strong case to make, and you know, possibly
you go through the courts. Will possibly you just go
through the disputes tribernal and again problem you go on
the problem.

Speaker 9 (50:27):
The problem we had is the man. Two things. The
man that did it no longer lives in the country,
and when he did it, he worked for our council.
Local council by all accounts, had to exit left very
quickly for some unknown reason. And yeah, so how do

(50:47):
we contact him? Do we go back through our lawyer
when we bought the property and contact their lawyer.

Speaker 2 (50:53):
Yeah, but look, if the person's overseas, your chances of
getting anything from them is to be blunt.

Speaker 3 (50:59):
Just about zero.

Speaker 2 (51:00):
And you probably already know that in your heart. The
other option is that I presume the building, after the
building consent was final, inspection took place, it did receive
a code compliance certificate. Yes it did, which means that
council takes responsibility, which means that you could try and

(51:22):
sue counsel.

Speaker 9 (51:24):
We fought the council for two years for resource consent
was finally one. Ah, you councils are not fun to deal.

Speaker 2 (51:31):
With, No, And look, they've they've got deep pockets and
they will fight it every step of the way. And
you know, we can't be too critical of that because
as rate payers, we want them to, you know, be
as Yeah.

Speaker 9 (51:50):
We've already given the council a lot of for two years.

Speaker 2 (51:53):
One I wonder whether you know, you could spend several
thousand dollars trying to fight this or you could just
put that money into repairing it and just get on
with it.

Speaker 4 (52:03):
Which is exactly what we're doing.

Speaker 2 (52:05):
But yeah, okay, and look at part of me hates
giving that sort of advice, but that's just kind of practical.

Speaker 9 (52:10):
I think, yes, no, that's fine, Thank you, damn goodbye.

Speaker 2 (52:14):
Damn hey, good to talk with you all the best.
Thanks Georgie, take care. Oh that's got to hurt. Oh wait,
one hundred eighty ten eighty is then i'mber to call
quick text before we go to the break. Gordon text
A a moment ago, um, a little while ago actually,
so sorry for the delay. Gordon. Hey, Pete. I want
to replace the polycarbonate roofing on my wooden framed greenhouse.

(52:35):
It is eighteen meters by six that's massive and four
meters high. I'll use a scaffold on the inside. That's clever.
Question on how do I replace the capping along the top?
Do I use plywood sheets to carefully walk on? I
can't find a roofer to do the job? Ah, Gordon, Yeah,
I think that's probably going to be. Your best bet

(52:57):
is to lay the sheets using the scaffold, so you
can work off that from the inside, so you're not
trying to stand on the sheets, particularly if you're Perlins
are let's say it, you know, more than nine hundred centers.
It's a big step from one Perlin to the other,
and you could quite easily see yourself going through the polycarbonate.

(53:19):
But maybe as you're laying it, you'll need to lay
sheets along the ridge line that you can then fix
the ridge capping too, and then take those sheets from
one end to the other, walking on the plywod until
you get to the end of the building and then
hopefully you've got a scaffold there you can load it
onto and go down from there. I can sort of

(53:41):
understand why you couldn't find a roofer to do the job.
To be fair, it is tricky. Oh eight one hundred
and eighty ten eighty is the number to call. And
another quick text morning Pete. Can you tell me if
the government have relaxed the rules on tiny homes yet?
I'd need more information on that question. I don't. I
haven't seen anything recently on that as it happens. Actually

(54:02):
this week, I think on Thursday, I'm going out to
have a look at a fairly significant tiny home manufacturer
fabrication place. I'll have a bit of a chat with
them while i'm out there, I'm meeting the owners and
having a look around, and then I'm off down to
Hamilton Action on Thursday to look at a three D
printed house showroom for a three D printed house that's

(54:25):
just been done, so a factory tour and then a
bit of a look at this three D printed house
could be interesting as well. Oh eight hundred and eighty
ten eighty will take a short break. We'll be back
with Graham in just a moment. I mentioned earlier in
the show that I had a for me what felt
like a fantastic day yes today, puttering. Puttering is my
new word for twenty twenty five. Puttering, as I see it,

(54:45):
is the act of performing tasks that are practical and
achieve something. You fact something done, something that makes a difference,
but nobody else will notice it. And so I had
a puttering day yesterday where I had to take all
of my tools out of the back of the ute
when we went away for the weekend. So I loaded
everything into the shed and then before I put it

(55:07):
all back in, this was task number one for the
puttering was to go through I've got a set of
drawers that sit in the back of the ute that
I made out of plywood years ago. So I went
through all of those, cleaned them all out, got rid
of all the debris, got rid of stuff that I
don't use anymore or off cuts, and da da da
da clean that re established that back into there. I

(55:27):
had a hole lot of garden stakes that i'd taken
out from a job that still had the cloth around them.
So pulled out all the staples, got those tidied up.
I had bought a nifty little it's like an attachment
to a vacuum that if you're drilling a hole in
a wall and you plug the vacuum into this little attachment,
it sucks itself to the wall and sucks the dust.

(55:49):
It's brilliant anyway. So I needed somewhere to hold that up,
so I reorganized things in the workshop, made a little
holder for that and one for the square next to it.
Then in the back of my ute, I've got to
pull out tray that I made another platform on that
had a bit of a bend in it, So I
took that out, strengthened it with a bit of aluminium,
and then painted it. Put that back in. Done that.

(56:11):
We picked up a second hand brazier the other day
from the recycling center. I gave that a rust clean
and did that, mowed the lawns, cleaned out little paddling pool.
For some reason, used the little I've got a little
eighteen vault Rhyobi wet and dry vacuum cleaner, so it
looks like a lunch box. You can just carry it
around with you. So I took all of my tool bags,

(56:33):
so one with my power tools in it, one with
another set of power tools, another one with grinders and
bits and pieces, then and emptied all of those out,
sucked out all of the sawdust at the bottom of that,
and with the little Ryobi vac, cleaned out the Ryoby
vac because I'd used that the other day when I
was doing some concrete drilling on a job, and I
think I got a couple of other jobs done too.

(56:55):
It was fantastic puttering day. Awesome, took the whole day.
It got started nice and early. Guy came round to
pick up a garden roller. I had an antique garden roller.
I loved it, but anyway, it's time to move it on.
So he came picked it up seven thirty on Saturday morning.
Got a love a trade me purchase that goes I'll
be there at seven thirty on Saturday, and he was.

(57:16):
It was awesome. He turns out to be chippy as well,
so it was a bit of a chat. And anyway
that's gone. Now I'm on the hunt for a replacement
garden roller. We'll get round to that later on. I'm
in the market. Oh eight hundred and eighty ten eighty
is the number. Graham, Good morning, Good morning, a good buddy.

Speaker 10 (57:34):
Hey.

Speaker 11 (57:34):
I just i was listening to your show this morning,
and I've got some issues. Who has a good issue
in the council, but the sun Plaine issue.

Speaker 2 (57:45):
Yeah.

Speaker 11 (57:45):
So, and there street on one side the street, the
back of the house below the street, yes, And some
of them are slightly below the footpath. And then you
come along as it gets further down to the street,
and the loans of mine, which is built on a
lava flower, is extually elevated right off yep. So anyway,

(58:06):
some of some of these houses got water ingress into
the down down stairs, and some of their backyards flooded.
And I was actually home when there's when those big
rains came through. Ye took some video footage and what
was actually going on. The drains weren running and and
the water was coming down the down the gunner six

(58:29):
feet wide heading the abutments to the driveways, and then
the pressure wave was sending it back uphill and then
down people's driveways right so shoes around and not seeing
their drains. But the funny thing is. So I've googled
the mat in the in the in the in the

(58:49):
very start of my driveway has a blue blue as
a pain on it.

Speaker 2 (58:56):
They were oval and flow path.

Speaker 11 (59:00):
Uh oh yeah, well that's a good point. I'm exactly
sure which one there is. But the nigh his house
who sits level with the road, their whole house has
scott blew all over. And then recently they got seen
to letter from the council saying hey, look we'll give

(59:22):
you eighty percent of the value and buy your house
because it's in this in this their house never flooded
at all. Mhm, never flooded. And I'm like, well, what's
going on? How's that? How's that even happening?

Speaker 2 (59:41):
I suppose, especially you know in terms of like it
just will go back a couple of steps. So I've
been fascinated with this new flood viewer online tool.

Speaker 11 (59:51):
Right, that's that's the one I'm talking about.

Speaker 2 (59:54):
Now, that's one, and I presume at the stage, well,
all I know is I know Auckland Council's got one, right,
and and I'm involved with the local college and we
had you know, like that particular area there is an
overland flow path and we had a lot of water
through there and in that area, and so looking at

(01:00:18):
it now, it is remarkable to see the extent of
the floodplain. Right, So I can remember looking at Gis
three or four years ago and now you look at it,
and I found it fascinating at the precision of what
they've been able to map. And my understanding is it's
mapped off real data. So this is what they know.

(01:00:40):
This is where floodplains happen. But obviously if you're saying, hey,
look in this instance here, this one's being identified as
being in a floodplain, but in effect they had no flooding.
You know, do you have an opportunity to go back
to council or to planners to go actually in reality
that it just didn't happen. Because I'm aware of another

(01:01:03):
property that I know had extensive flooding, serious damage to
the property, which when I had a look on flood
view a flood you the other day, it's not even
highlighted and and there's no overland flow path that goes
through the property. And that was actually a situation similar
to yours, where the sheer volume of water that was
coming down the curb whipped around the corner and then

(01:01:26):
up and over. And in their instance, they didn't have
they had a driveway that sloped down to a basement,
and they had no they had pumps in the channel
and the catch pit, and once those got overwhelmed, there
was just nowhere else for the water to go.

Speaker 11 (01:01:43):
Nowhere to go. Yeah, yeah, well these this because what
they did in the in the street reached the beautiful
and they came through and they put that slightly relates
to it, but they put the script down on it.

Speaker 5 (01:02:01):
Yeah.

Speaker 11 (01:02:01):
Yeah. And and for Ages because it could it gets
stramped into into my into my basement on tires the
least flower and I'd blow a mess of piles into
the gunner and then ring the counselor you need, you
need to pick all your crap.

Speaker 5 (01:02:16):
Yeah, heading one.

Speaker 11 (01:02:17):
Way into the into the one hundred yards here on
the street to low point in the storm orders. No
storm waterer in the street runs across down in the
bottom of the step. And of course I guess so
on cost saving measures, no one's cleaned to drains there
for Ages, and their big rain came and of course

(01:02:37):
they were hardly working.

Speaker 4 (01:02:38):
You know.

Speaker 2 (01:02:39):
Yeah, And look I think that council have had quite
Auckland in particular, quite the wake up call where you know,
there's I guess it's not really sexy. Like if you
were like there's going to be local body elections this
year and council elections this year, and if you ran
on a campaign that said the only thing I want
a campaign for is to fix the pipes, you know
how many people would vote for you? Possibly quite a

(01:03:00):
few these days, I'm not sure, but yeah, probably, you know,
And I think for a long time, you know, checking
the pipes and that sort of thing hasn't been a priority.
I think it genuinely is nowadays. And I'm aware of
a couple of large public lines that when they did
finally get round to doing camera surveys and that sort
of thing, they found that they were fifty sixty percent

(01:03:23):
full of sediment. Right now, that's if you've got.

Speaker 11 (01:03:27):
A lot of it's grit that they've been putting around
the neighborhood where yeah, and I have big arguments with
them over and obviously it was done about five six
years ago, maybe even seven, and I can still go
out there with a leaf blow and big a big pole.

Speaker 2 (01:03:43):
Into the other whereas you know. My understanding is with
the chip is that they do the chip right and
then they come through with the sweepers and they let
it settle for a while and then they take the
excess away. But if they don't come back and sweep,
then you're right that that grit is going to end
up in the channel. Eventually it'll end up in the
catch pit. The catch pit then has got no volume,
and so they just over top.

Speaker 11 (01:04:05):
Yeah, and I honestly believe that's a lot of what
happened in our street because when it when it came down,
it so it was about six feet wide coming down
the gunner. As soon as I had those abutments, you
can see the pressure wave, yes, going back up and
I'm like, right this where it isn't where where I happened.
I have a double engine strike. My neighbors singles next,

(01:04:26):
so we've got freely wide. So it's sort of didn'
they have a chance to get at me. But I
can see how it would get to hers. Ob suggested
putting a speed up in the driveway enough to send
it down.

Speaker 2 (01:04:38):
Yeah, just to divert it you.

Speaker 11 (01:04:41):
Needed to do. But it's caused a lot of inks
for people and these these two guys that have bought
the house next door to me. That's sort of like, well,
what's going on? And I'm like, mate, I'm telling it.
I was here in that place to look like.

Speaker 2 (01:04:53):
Yeah, well, particularly if you're lava flow or something like that,
you know, potentially there's there's more. They call the tomos
or what you know, the amazing.

Speaker 11 (01:05:05):
That's how I got my drainage on the aqui for
water View YEP, at our hooks and there.

Speaker 2 (01:05:12):
It's a great system if you can prove that it works.
I did one years ago where it was you know,
sort of a volcanic area. We were able to drill down.
We then tested the sheer volume that it would accommodate,
and once we could prove that it would handle the rainfall,
then we could do storm water on site just by
simply dropping it straight down back into the ground. Great system,

(01:05:33):
but that's what that's what I do.

Speaker 11 (01:05:37):
It's a success thing. And then eventually it's south side
and down into it so that that main equa.

Speaker 2 (01:05:42):
Funnily enough, the way that I did was an only hunger.
So really, hey, good of you to call good luck
with your neighbors, and thanks for raising that issue. Oh
eight hundred and eighty ten eighty is the number to
call seven thirty six here at Newstalk, se'd be call
us now. We've got time to take your calls through
till eight o'clock. After eight o'clock, real estate agent agency

(01:06:03):
owner and expert WAYE. Maguire is going to join me
in the studio. We're going to be talking about this
issue of I suppose declarations what you have to declare
in a sale and purchase agreement. So we'll talk about
that after eight o'clock and happy to take any text
if you've got any questions on that. See now, people
are telling me that it's pottering. Puttering is the North

(01:06:26):
American version. I like the North American version to be fair.
I don't mind pottering. Pottering kind of implies that you're
just doing tasks, but more for amusement. Puttering seems to
have an urgency about it, as in, these are actually
jobs that will make a difference, just no one else
will notice it. So I'm sticking with puttering at the stage.
Oh eight hundred eighty ten eighty is the number. We'll

(01:06:48):
talk to Kate after the break Your News Talks e
B twenty minutes away from eight o'clock. Kate, A very
good morning to you.

Speaker 7 (01:06:55):
Good morning pee, Kate.

Speaker 2 (01:06:57):
How are you?

Speaker 7 (01:06:58):
I'm siged, thank you and yourself bad.

Speaker 2 (01:07:01):
Thank you.

Speaker 7 (01:07:02):
I've got these beautiful you uPVC windows and doors in
my new home. Very happy with them. And they were
delivered with a film protect the film on them, and
the house was painted and the scaffolding came down and
I asked a few times, when does that film come off?

(01:07:24):
Because it's covered in all this writing. It looks horrible,
and nobody did anything about it. That film stayed on
for weeks in the hot sun, and I eventually called
the builders have left the site with the film on
the window. And I called the manufacturer and he was
very distressed. He was wonderful. He came on Friday night,

(01:07:47):
he got a ladder in his business clothes. He was
climbing his ladder and peeling off the film. He said,
this should have come off weeks ago. This is negligence.
And now there's residue, bluey, sticky residue on there which
has taking the nice shiny surface away. And he said,
what you need to do is put some mefilated spirits

(01:08:08):
on it and then follow up with a damp cloth
and it will come off well. Some of the some
of the film is coming off in shreds. It's baked
on so hard from areas where the sun caught it.
So I tried this. I called the build it one
and called builders because they actually will only email me
now by many issues. If they're not they don't want
to deal with me. And so they said they'd send

(01:08:29):
the builder over the weekend. Of course, now it's not
great weather. But I tried a little bit of methylated
spirits and it didn't really do the job terribly well.
So I googled, and every Google site says, don't use
methylated spirits. You can use isoprobo alcohol or in a

(01:08:50):
heat gun ra that will read me a hair dryer.
So I'm just not sure. I can talk to the
manufacturer again Tuesday. But of course it's a long weekend,
and if we get any more sun, which we today,
we're not. But I don't know what to do about this.
He said, it's really urgent. You need to not let
this bacon anymore. Sometimes I can see the writing from

(01:09:11):
the film in the glue of the window. I'm wondering
if you've got experience of this having been snored and
that's for too long and what to do.

Speaker 2 (01:09:20):
Yeah, it's incredibly frustrating. I can certainly understand that. I mean,
the protective film is there to protect it during construction
and then ideally it's removed as soon as any painting
or scaffolding comes down. I think the fact that you've
reached out to the manufacturer and listen, I would listen

(01:09:40):
to their recommendations. I think the fact that you've gone
to Google is great. But you know, I good on
them for coming out, and I suspect I know who
that company is, so look, I think it is going
to be Mislad Spirits. I think it is going to
just be a really time consuming task. I think, just

(01:10:05):
being realistic, the chances of getting the builder to come
back and do it is unlikely. Whether or not you
could then get a contractor to come in and do
that work, and it's just diligence. It's just time, right
time and attention to detail. Yeah, whether or not you

(01:10:27):
could make me.

Speaker 7 (01:10:29):
Yeah, does this fall under naked?

Speaker 2 (01:10:35):
See. What's really interesting for LBPS now is, and I'm
speaking as an LBP myself, is there is now a
code of ethics and it's been around since about two
thousand and two, I think. And just go and google
LBP Code of Ethics, it'll take you to the LBP website.
It makes it really clear around some responsibilities that we

(01:11:00):
have in terms of how we behave right and so
you know there is you could remind the LVP of
their responsibilities under the Code of Ethics and and that's
things like informing clients. So for example, if they decided

(01:11:20):
that they were not going to take off the film
and that it was going to become your responsibility, they
should let you know if you know, if it's something
that they should have done and should reasonably have known
that they should have done, and they didn't do it,
then you could say, well, look it was part of
your task. If you installed the joinery, then you're also

(01:11:42):
there to remove it. In the same way that you know,
roofers that install flashings know that they have to remove
the the there's often a plastic film on flashings, so
typically when a roofer installs them, they remove them right.
They don't put them on with them on and wait
for someone else to take them off. Yeah, I have
a look at the Code of Ethics.

Speaker 4 (01:12:04):
Yeah, I have.

Speaker 7 (01:12:04):
I understand about the code of ethics, been there and
oh okay, send a screenshot of it to the builder.
But some of the writing on the film says remove
after installation. Yeah, it's right there, it's all over it.

Speaker 2 (01:12:20):
Yeah, did the builder install the joinery or did the
contractor from the manufacturer install the joinery? The builder did, okay,
which is fine, But then yeah, it's part of their
responsibility to remove it. They haven't if it's unlikely that
they're going to come back and do anything, or certainly
not with any urgency, in which case you could get

(01:12:42):
a contractor in to give you a price. You have
to send that to the builder. You have to say
it's going to cost me this much because there is
a first ride of refusal, right so or rectify. So
you have to go back to the contractor to say
I'm going to have to spend this much money to
have this repaired. Either you're going to do it or
I'm going to spend the money. But you do have

(01:13:03):
to give them the opportunity of fixing it in the
first place.

Speaker 7 (01:13:07):
Oh okay, it was sort of contract you would do that.

Speaker 2 (01:13:11):
Gosh. I used to. I had a guy come and
do some work for us a little while ago who
actually was a sign writer, but he was and what
we needed him to do was clean off swarf and
that sort of thing from long run metal installation, right,
And it was just a guy who was meticulous. So
that's all you need, just someone who's got patience and

(01:13:32):
determination to come and do it. It might be a
professional cleaner, it might be a joinery installation person, it
might be another builder, just someone with the right attitude.
A number of people have texted and said the isopropyl
alcohol is much better than meths for cleaning the glass,

(01:13:52):
but the film wouldn't be on the glass, It'll just
be on the extrusion.

Speaker 7 (01:13:59):
Correct. There's a little of the little marks on the
glass from small stickers, but I can deal with that.

Speaker 2 (01:14:03):
Yeah, have it go, you can buy I bought some
the other day, actually, little spray bottle of icopropel alcohol.
Try that. If it's more effective than meths, go for it.
But I think you know, i'd listen to the manufacturer
about their recommendation.

Speaker 7 (01:14:20):
Well, I actually, yeah, do ask the manufacturer about that,
and he said no.

Speaker 2 (01:14:25):
To it, just strong. Okay, Oh, well then then go
with the mess just down the line. I'll just get
you to tell my producer as I who the manufacturers
I'm curious to know, but yeah, just down the line, Kate,
if Isaiah will ask you that question in just a moment,
it's coming up twelve minutes away from eight eight hundred
and eighty ten eighties. The number to call will take

(01:14:46):
your calls right up to the news at eight. After
the news at eight o'clock, we're going to talk to
Wayne Maguire who's from ray White's Realty. Been in the
business for a long time. I'm really curious around this
whole sale and purchase and as a vendor, what do
you need to declare? And I mean it's interesting it
came up just with Georgie straight after the eight o'clock

(01:15:07):
news talking about a shower that are being poorly built
and intrigued there that someone was able to issue a
producer statement without being qualified to do so, and that
that got accepted by counsel. Those sorts of things. If
it's a new sale and purchase agreement, no, there's no problem,
but you are aware of a problem. What what declarations

(01:15:31):
do you have to make and what responsibility do you
have to declare? What you may know, particularly in terms
of defects about a house before you sell it. Oh,
eight hundred eighty ten eighty the number to call call
us Now we'll take short break back with your calls
in just a moment, you and we're taking your calls.
Eight hundred eighty ten eighty is the number to call. Hello, Paul, Hi,

(01:15:51):
Hey Pete.

Speaker 6 (01:15:53):
The other week, you were talking about your usual paint
company's acrylic paint remote. Yes, is that called latex paint remoter?

Speaker 2 (01:16:02):
Yeah, it is, because that's what the frame. They obviously
get it from the state, and that's typically how they
describe acrylic paints in the state. So latex paint remover.

Speaker 6 (01:16:13):
Cook and how old paint will it remove? You know,
how long have the paint's been on the air for weeks? Months?

Speaker 2 (01:16:24):
I don't know that it would necessarily matter because in
the end, I mean, I was using some water born
enamel paint yesterday to paint this tray that sits in
the back of my ute, right, so I guess it's on.
It takes two hours to dry, then it's dry. I
don't know that it makes a difference whether it's two hours,
two weeks, or two years.

Speaker 6 (01:16:46):
Right, Okay, all right, I'll give it a go.

Speaker 2 (01:16:48):
Yeah, I think it's probably more designed for you know, patches,
and so it's not a paint stripper if you want
to paint.

Speaker 6 (01:16:57):
Strip patches, you know, but yeah, that's what I want
to remove.

Speaker 2 (01:17:00):
Yeah, yeah, like I you know, it's probably one of
those situations I've said property the other day and you could,
you know, the painter had done a really slap dash
job and there was bits of paint all over the
aluminium extrusion and I guess it's for that type of task.

Speaker 6 (01:17:17):
Good, yeah, excellent, all right, all right, give it a go,
all right, make all.

Speaker 2 (01:17:21):
The best, take care, take care, all the best. A
couple of quick texts as well. Hey, Pete spied you
on an episode of The Block the other day. You're right,
actually the Block Australia, Tony very eager eyed listeners on
the show. I got a message through social media the
other day too so and look, to be fair, I

(01:17:43):
was not sure whether there would be any footage or
anything like that. I certainly didn't go with the intention
of being on camera, but I did have a very
delightful day wandering around the site with Julian Cress, who's
the producer and the originator of the show. He was
very generous with his time and just a fantastic guy.

(01:18:04):
Spoke with him for quite some time, had the opportunity
to meet good old Scotti, Cam and Shelley and Dan
as well, and sort of wandered around watching them work.
And obviously I'm familiar with it, given that I did
it for ten years on the block here in New Zealand,
but it's quite interesting being on the other side of it,
watching the production, watching the way in which the story

(01:18:25):
produces and the camera crew work and the way that
it's organized there. Ended up that night going out for
dinner with actually Robert from Felax, was good of my
host at that time, and then ended up going out
to dinner with two of the guys from nine and
six who are the main construction company and they effectively
run the site due all of the management of the

(01:18:47):
subcontractors and they do the bill. So I had dinner
with a couple of the guys from nine and six,
spent a bit of time with Scotty, gave them a
nice bottle of wine and had a bit of a
chat and followed them around. And yes, there I was
in the back of the shot the other day. I've
put that out actually, a couple of photographs on my
Facebook page. So if you can't have look for resident

(01:19:08):
builder or people Camp on Facebook you'll find it there.
But had it. It was a great time. It's back
in gosh when was it May? Middle of May of
last year. Don't tell me what the outcome is. I'm
still hoping that it's going to be a surprise for me.
I think it'll be on sometime next week. Oh, eight
hundred and eighty ten eighty is that number to call
if you've got a question of a building nature. Well,

(01:19:30):
actually we've run out of time for building questions, But
if you've got a real estate question, particularly around sale
and purchase and disclosure, text it through on nine to
nine two because Wayne Maguire from Ray White's Realty, he's
going to join me after the eight o'clock news and
we're going to talk about this really intriguing case that

(01:19:52):
came up just a couple of weeks ago. So we'll
do that after eight o'clock Your News Talk, seid B News,
Sport and Weather, Top of the hour at eight your
News Talk, said B people camp with you this morning,
and it is a great pleasure this morning to have
in the studio. I'll get the right microphone. I'll bring
it up Wayne Maguire, who I was saying as we
came up in the elevator, pretty much exactly two years

(01:20:14):
ago since we had you here in the studio. I
don't know where those two years have gone. But hey,
great to see you again. Thanks very much for coming in.

Speaker 10 (01:20:20):
Yeah, great to be with you, Peter. And hopefully I
can add a bit of value.

Speaker 2 (01:20:24):
Yeah, oh, look, I know that, And thanks for your
time on the phone this week. So the beginning of
this was a phone call a couple of weeks ago
where a caller said, look, I've just been through a
situation where I purchased the house two years ago. I've
then found that there were some defects in the house.
I've investigated it found that the vendor, the person who

(01:20:45):
sold me the house, was aware of the defects but
did not disclose them in the sale and purchase agreement.
And I've been able to prove that. I've gone to
the dispute tribunal and they've found in my favor and
I've got twenty grand out of them. Oh okay. And
it started me thinking about crikey. What is it in
a sale and purchase agreement that a vendor has to declare?

Speaker 10 (01:21:09):
Yeah, great point to raise. And there's a couple of documents,
to be honest. So it's going to be the salent
purchase agreement. Yes, And that's a contract between the buyer
and the seller.

Speaker 2 (01:21:19):
Yes.

Speaker 10 (01:21:19):
And inherently, and there is warranties, you know, vendor warranties
we call them. Yeah. And in the warranties you're saying
in escence, you're saying, anything I've done while I've owned
the property that needed a consent, I made sure it
had a concent of mad Sure, it's been done as
per the concent of mad Sure, it's had sign off,
you know, a co compliance certificate, and of made sure.
I've given away no rights, you know to the property.

(01:21:41):
You haven't allowed the nighbor to build or do anything different.

Speaker 2 (01:21:45):
So you're looking for that, Okay, Yeah, so.

Speaker 10 (01:21:47):
Think about that in your Salem purchase. So that covers
the period while the vendors owned it. But we actually
go further. We actually go what happened before and what
else is going on with the property. So I think
you've got to go a bit wider you've really Now
if we jump back a step, Peter, and we go
back to the listing point, and this is the contract

(01:22:07):
between the vendor and the agent. Okay, ask then, and
there we're asking lots of questions.

Speaker 2 (01:22:15):
Now slightly tricky question for you. So let's say I'm
about to sell my house and I decide, right, I
want to list it with you this choice it would
be a good choice, but we don't live in the
same area. But anyway, so I decide that I'm going
to sell the house. I want to list with an agent.
So in terms of your agency, you would then sit

(01:22:37):
with me and go through what sounds like quite an
extensive questioning. Okay, and what's included in that?

Speaker 10 (01:22:45):
So there's an agency for more. The big agents or
agencies are about the same, you know, they've got the
same sort of questions, which is have there been any
events at the property? Has there been any damage on
the property, any flooding? Is there any problems? You know,
it just keeps going and going and going. At our
team sitting out with Ray White and the base, we

(01:23:05):
add even more pages. So we've got another list and
it just asks everything and it actually asks everything that
we've seen is a problem in the past, we ask again,
So if we've seen it pop up on another house,
we ask on this out. Yeah. So there the vendor
makes the declaration. It's a yes or no. You know,
has there been a problem?

Speaker 5 (01:23:25):
Yes?

Speaker 3 (01:23:25):
No?

Speaker 10 (01:23:25):
Or unknown?

Speaker 2 (01:23:27):
Okay? Now, if a vendor you know, because not all
of us are building experts, right, and you know, I've
met people that couldn't describe what sort of clatting they
have right on their house. So and that's okay. So
if you have little knowledge and you don't know and
you take unknown, is that fair?

Speaker 4 (01:23:47):
Yeah?

Speaker 10 (01:23:47):
It is fair. It is fair. And to a degree,
the agent's in the same boat. Now, they should obviously
know the exterior clatting and they're going to know which
ones have got more risk, and they've got to tell
a buyer about that. You know that this is a
monolothical plastic. Sure, they'll highlight that for them. If it's
something that's buried in the agent can't see it or
the owner can't see it, that's cool. But if they

(01:24:09):
should be aware of it, yes, then they've got to
do something about it. So the agent actually gives the
vendor a bit of guidance. Here's the interesting thing. The
vendor can take the guidance or not. So this this
is going to be I think this is going to
surprise a lot of people. The vendor can say, yep,
I've got a problem, but you're not allowed to tell anybody.
You imagine that the agent has then has to caution

(01:24:33):
the vendor and say we should disclose it. But if
you don't want to disclose it, I have to walk
away from the listing. I can't represent you.

Speaker 2 (01:24:40):
Do all agents have to walk away from the list?

Speaker 4 (01:24:44):
Yeah?

Speaker 10 (01:24:45):
Yeah, it's it's Aria rules, government rules. Yeah, absolutely, all right.

Speaker 2 (01:24:50):
So if I decide, well, look, I've I've done something.
I know it's slightly dodgy, but I you know, I
don't want to tell you, then you should walk away.
Let's say you are aware that you know, maybe you
added a deck and you kind of knew that you
needed consent for it, but you didn't get one, or
you as an agent realized, well, hang on, that decks

(01:25:10):
over a meter high and it doesn't have a handrail
in and should have something like that. Basic practical stuff
that from your experience you'd know about. What's the process?
Then what would you do in the listing.

Speaker 10 (01:25:20):
Noted on the listing. Yep, make sure you disclose it
to the buyers. Yes, so in fact that check sheet.
When we first did it, I thought, oh my god,
look the vendors are going to get pretty ansy about this.
We're explaining everything. But we actually added a little bit
at the end. It was pretty cool. We actually added,
you know, the vendor discloses you know, this is everything,

(01:25:42):
and the agent's aware of it. And the agent must
tell the buyer before the buyer makes an offer. All
bids at auction and then they sign it. So we
now give it to all buyers. So the problem that
you described that costs somebody twenty thousand dollars. If we've
got a problem and we've told them about it and
we've made it very clear to the buyer and they proceed,
then the buyer owns at and you can and sorry, Peter,

(01:26:05):
you can. There's a clause in the contract. So we
may have clauses saying look there's unconsented work may or
may not required. Bathroom is a good example. Everybody tells it,
tells us the bathroom was like for like, yeah, no
one ever moved anything in Orca. So you've got to

(01:26:26):
be pretty careful about that, and now vendors making a
warranty on that, so they've got to be pretty careful,
or producer statements, checking up on producer statements and sign offs.
So sometimes if it's unclear, we'll have a clause just
saying it's unclear yep, may or not, may or may
not have required a consent, yes, and then the person procedure.

Speaker 2 (01:26:46):
But it's all around that disclosure. Yeah, yeah, okay, And
obviously in terms of sale and purchase, you know, if
there's work that needed a consent but clearly didn't have one,
you can still put a property on the market. Yep,
with that as long as you declare it. Absolutely, absolutely,
just I'm just thinking about this particular case. So in

(01:27:07):
this instance here, the vendor was, for want of a
better term, duplicitous, right, they were aware that there was
a defect. They didn't declare that in the sale and
purchase agreement. Is it that that would have allowed the
new owner to seek redress from them? The fact that

(01:27:28):
they didn't declare it.

Speaker 10 (01:27:30):
Yeah, they were aware of you if you took that
as being the facts, they were aware of it, They
had it and tried to get away with it. So
if I'm talking to a vendor, I'll say, if you
know something, let's just tell them. And here's what I found, Peter.
If you tell a buyer early enough, if a buyer
loves the property, yes, yeah, And this is what they

(01:27:50):
sound like when they love a property. They say, when
I don't really like it, that's that's a code for
I really loved this. We really want to be you know.
Then if you tell them about the problems up front,
they still love it. Sure, and they want to jump
through hoops the same as we do a building inspection
and it finds some use. The buyer hates that as
much as the vendor. You know, they want that house. Yeah,

(01:28:11):
So if you disclose upfront and they're aware of it,
then absolutely In that case, the vendor had something. It's
interesting somehow they found out or discovered that. And Auckland,
New Zealand, such a small little village that you know,
probably the first builder they had through the house to
do something said oh yeah, I checked this for the

(01:28:32):
last owner. It tells them. Yeah, it's a pretty small world.

Speaker 6 (01:28:36):
Ye.

Speaker 10 (01:28:36):
So those sorts of things happen. So yeah, if you
know something, tell them if you think there might be
a problem, investigate and then tell them yep.

Speaker 2 (01:28:46):
But it is quite clear in the sale and purchase
agreement what level of disclosure you're expected yep.

Speaker 10 (01:28:52):
Okay, which is around work you have done right now,
it's silent on previous works, yes, but inherent in the
contractors that you haven't misled them. So if you're aware
of previous I think you should look at that decks
or a good exams so I won't earnly be building,
it will be title. Somebody has added a deck on
a cross lease or a balcony, and now the footprint

(01:29:14):
looks different, yeah, and somebody goes, well it's always been
like that, Yeah, but you know what the rules are
tighter now. You know, people are making discovery.

Speaker 2 (01:29:22):
Just on that whole cross Ley's thing, because it's come
up with some friends of mine that have purchased recently
where you know, when they're doing the due diligence, they've
found that, in fact, the other property on the cross
lease added for example, a deck or a balcony, didn't
update the flats plan correct. That can be quite an.

Speaker 10 (01:29:39):
Issue absolutely, So now the flats plan is defective. Right,
So yeah, here's the evolution of a realistat agent. You know,
and I don't record this, but I know anybody listening
stop listening. You know, twenty years ago it was you know,
we we sort of didn't want to hear anything, didn't
want to know anything.

Speaker 2 (01:29:57):
Yes, sure, and industry ran you know, yes.

Speaker 10 (01:30:00):
Then it became more, well, if you know about it,
you should do something about it. And then it came
you should actually discover and have some intelligence around looking
for what might be a problem because they exist. And
then on top of that, also sort of halfway through
that period was if the vendicit it's all okay, you went,

(01:30:22):
thank god, the vendor set it's okay. We're now at
a point now, and it has been for a period
of years where we go, if that's the case, what's
the evidence, right, So vender goes it's all okay, So
well it doesn't seem to be what's the evidence. Let's
get a builder through to check this.

Speaker 2 (01:30:37):
Yeah, okay. Now, one of the phrases that's often used
in terms of real estate agents in particular, well, there's
a number of phrases, but the one I'm going to
choose is duty to disclose. How do you see that?
What does that mean for you? As an agent. Duty
to disclose in terms of I'm coming through an open home, yep,
and I ask you a question, and the duty to

(01:30:58):
disclose is you tell me everything you know about the property.
Is that?

Speaker 10 (01:31:01):
How do you see It's here's the balance. Duty of
care to a buyer fiduciary. Care to a vendor fiduciary
is the highest level they're in front of, even me.
I do everything for them. I tell them everything I know,
and I protect their interests. On the buyer's side, I've
got to take care of the buyer, make sure the
buyer is okay. So disclosures through there is an agent.

(01:31:22):
If you know it, you must tell them. If you
should know it, or you should have looked at something
and seen an issue, then you should tell them. And remember,
if the vendor tells the agent, hey, I want you
to stay silent. The agent their legal positions, I must
walk away from the listing. So then we just caution
the vendor. Every vendor goes hard. I don't want everybody
to know about that, but if it's material, we just

(01:31:45):
manage it. So yeah, if I'm aware of it as
an agent, I tell the purchases and if I can
add another way, please you've got to be careful what
you're representing. You know, it's crazy to me, But say
we run an auction, I don't know, and there's half
of the buyers have not done building inspections and the

(01:32:05):
other half have. Ye, then we have three building inspections,
we get three different answers. Now, a buyer quite often
will come to us and say there's a problem from
their building inspection. But now we've got to work out
what's the true case. So we get the vendor to
check it. Also, they're builder to check it, and then
we've got to make a decision what's the correct representation here.

(01:32:29):
And if I roll that back one stage further, and
everybody who's thinking of selling, I suggest this, before you
go to markets the vendor, get a builder to check
your property. Right, like one of your buyers is going interesting, Yeah,
So why engage your agent? Why spend six seven eight
thousand dollars in marketing to get tripped up?

Speaker 5 (01:32:48):
Yep?

Speaker 10 (01:32:49):
Just get a builder through for your own benefit. Yes,
so you've got confidence to go to market.

Speaker 2 (01:32:55):
Just on that. And we've got to take a break
in a second. But I remember a couple of years
ago I was asked to do a building condition report
on a property that was about to go to market.
The intention was that the vendor would then have that
available for anyone who was interested in the property as
a purchaser. Would you accept a building report that you
didn't commission.

Speaker 10 (01:33:16):
No, because you've got you've got no redress, you've got
a party to that. You know there'll be disclaimers at
the bottom. So yeah, and agencies do it a little
bit differently. But the trickis I really like, is the
vendor does it for themselves? Yep, And if there's anything
that they need to sort out, they sort it out.

Speaker 5 (01:33:33):
Yes.

Speaker 10 (01:33:34):
And when a buyer asks, you know, has the vendored
on a building in specially, we say yeah, absolutely for
their own benefit. And they found I can think of
one right now. They found there was an issue with
this flashing. Yes, it lifted in the storm, but a
water got in the flashing up there that you can
see has been fully repaired and that's the integrity of
the flashing. And when you go to buy it, you'll

(01:33:54):
do your own building inspection. So that to me, that's
a really a nice loop there that's closed off.

Speaker 6 (01:34:01):
Yeah.

Speaker 2 (01:34:01):
Okay, Wayne doesn't know this, but I've had so many
texts t I'm going to just We're going to do
like twenty questions and five minutes after the break back
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(01:35:12):
News talk z b Right he oh Wayne Maguire from
Ray Whites in the Base in the Eastern Base around
Mission Bay and that sort of thing. We've got you
for another four minutes. I'm going to hate you with us.
We've got so many Texas is great? Right, Oh, here
we go. Please ask the real estate guy that you
wang what they mean when they say plus GST.

Speaker 10 (01:35:32):
If any okay, So that's quick fire answers. That's on
the contract that sits there inherently. If it's a Rizzi
property residential, then it's fairly well. I'm not going to apply.
No agent's going to answer that if the vendor is
What they'll answer is if the vendor is registered for GST, Yes,
and the buyers registered for GST, then yes, it will apply.

(01:35:55):
We will always direct everybody back to their accountant and
to their lawyer. It scares us too.

Speaker 2 (01:36:00):
Okay, all right? A question? Should the vendor advise if
someone has passed away in the home?

Speaker 10 (01:36:05):
Yeah, if it is. If it's a violent event, then
the answer is yes. If it's sensitive to the buyer,
then yes.

Speaker 2 (01:36:19):
Right Okay. Someone has suggested must have end or disclose
a proposed motorway that will pass approximately five hundred meters
from a property for sale.

Speaker 10 (01:36:32):
They should the end, the buyer should right sorry. The
agent should absolutely and the buyer when you as your
due diligence you're building inspection, you'll also request a limb.
You should be looking for that sort of detail sitting
in there too, Okay, absolutely, and sorry. An agent should
be aware of something like that, right.

Speaker 2 (01:36:52):
It's putting a lot of responsibility on the agent.

Speaker 10 (01:36:56):
Absolutely, they've got to be very very careful, very diligent,
and they've got to know the area. So now now
agents that try and sell out of area, yes, they've
got to be careful.

Speaker 2 (01:37:06):
Absolutely. Text from Paul. If you put as is clause
in the sale and purchase agreement, does this cover you
for any previous problems?

Speaker 10 (01:37:16):
It's a very good practice, Paul. Do that cross out
the vendor warranties that are in there and make it
absolutely clear as is we're as we're selling a property
like that in Mission Bay right now, as is, we're
as no warranties and no representations because we're not aware.
But we're saying this clearly is a property where it's
as as we're.

Speaker 2 (01:37:37):
As right, Okay, And I mean that's okay, isn't it?
Because if you're looking to buy a do up, then
the fact that it's unconsented or falling down or whatever.
As a purchaser, that's what you're after.

Speaker 10 (01:37:49):
One hundred percent. And okay, so I'll be at that
one this morning. I was there last Sunday on the opens.
People that came through that look like qualified builders. You know, yep,
you guys have got a bit of a look to
you better. Yes, they were cool, you know, so they go, Yeah,
I'll come back and have a look during the week.
People that came through, like first home buyers looking for
a renovation or redecoration. I said, I think this is

(01:38:12):
probably too much. Go and find an easier one, so
we give that's the duty of care to the purchaser.

Speaker 2 (01:38:17):
Okay, someone's about to replace a twenty year old deck
on an exclusive use area of my cross lease property.
The deck is not on the plan, but does not
have an overhang and is under one meter off the ground.
My lawyer said, I do not need to add it
to the site plan or get a building consent. It's
probably right about the building consent. But what's the issue

(01:38:38):
with decks being added to properties that are on a
cross lease because someone else has said it's not enclosed
or attached. Ye, therefore you don't have to addit to
the site plan.

Speaker 10 (01:38:47):
Yeah, I'll give you. I'll give you a check answer.
And this is the way law works. It is the
vendor's lawyer will have one opinion and the purchas's lawyer
might have another one. Yeah, so I think refer back
to your lawyer. If your lawyer is pretty cool with that,
I think you need to run with that. They they're
the experts on titles. Yeah, okay, we would look at
it and we would say, okay, I think we need

(01:39:08):
to check this. Yes, absolutely, I'd be careful around that one.

Speaker 2 (01:39:11):
This tricky one. A real estate agent told me last
week that if I did a builder's report for my house,
which I'm planning to sell, that somebody buying my house
could then buy the builder's report off me. Is that true?

Speaker 10 (01:39:23):
There's building companies that do that. So they say, hey, Pete,
i'll pick a number here. It won't be this number.
They say, hey, Peter, I'll charge you five hundred bucks
on the basis that it should have been about one
thousand dollars report. But anybody subsequent, any of your purchases,
can buy it off. My company also a building company
for two point fifty yep, so I have seen that done.

Speaker 2 (01:39:45):
Yeah okay, But again it goes back to our issue
we were talking about earlier about you know, if you're
a vendor and you get your own building report, should
a purchase you know, how confident would a purchaser be
that it's correct. You'd be suspicious, wouldn't you? Well, not suspicious, but.

Speaker 10 (01:40:04):
Which Okay, So the builder doing it for the vendor,
I'm just checking that everything's kosher and that we should
be able to proceed and we're not going to get
tripped done. The builder doing it for the purchaser is
probably looking deeper and longer, right, okay, So say a roof,
We're looking at a roof going okay, well it works
right now, but you might have to replace it in
ten Okay.

Speaker 2 (01:40:24):
Last question, what would you do if there was an issue, example,
some minor flooding, You fixed it by adding drainage, waterproofing, recontouring,
and it never happened again, would you still disclose the.

Speaker 10 (01:40:35):
Original per That's that's a great example. Hey guys, we
had some minor floating on the property. Here's the remedies
that were in place. Yes, and it hasn't flooded again.
That's exactly what it should sound like.

Speaker 2 (01:40:45):
That's brilliant. There we go, brilliant, Oh, fast and furious. Awesome, Wayne,
thank you very much for coming to the studio. I
really appreciate great seeing you. Right, we're going to take
a short break. Then we've got ridd in the garden
in just a moment

Speaker 1 (01:40:58):
For more from the Resident Builder with Peter Wolfcamp, Listen
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