Property records and disclosure

What might a seller need to disclose?

There is no safe shortcut such as mentioning only problems that are visible today. Start by telling your lawyer and agent about facts that could affect a buyer's decision, the property's use, its condition, its insurability or the accuracy of the marketing. That can include a present defect, evidence of a significant hidden risk, a previous defect and repair, or a property record that does not match the house.

REA's principles of disclosure say a licensee must disclose known defects and take further steps where a significant hidden or underlying defect appears likely. REA gives examples including a leaking roof, subsidence, title defects, possible weathertightness risk and suspected asbestos ceilings. The same guidance also covers information beyond physical defects where law or fairness requires it. Your lawyer should decide how those principles and the sale agreement apply to your particular facts.

This list starts an honest conversation; it does not mean every topic must be disclosed in every sale. Do not diagnose a hazard or defect yourself, repeat rumours as facts, or decide that an old issue is irrelevant because it has been repaired. Record what you actually know, identify where the information came from and ask for professional advice where the position is uncertain.

Know whose legal duty you are reading about

REA's Code of Conduct rules apply directly to licensed real estate professionals. Rule 10.7 deals with known defects and significant potential hidden defects. Rule 6.4 says a licensee must not mislead, provide false information or withhold information that should by law or fairness be provided. Those rules are not a complete statement of every seller's legal obligations.

A seller can still face serious consequences if important facts are withheld or a representation is wrong. REA warns that non-disclosure can contribute to a failed sale or legal action after settlement, and its natural-disaster guidance says a seller may be liable to a buyer for misrepresentation if known issues are not disclosed. Give the full facts privately to your own lawyer and agent; let them advise what should be verified, corrected, included in the agreement or supplied to buyers.

Build one evidence-backed property file

Ask your lawyer which records matter for your home. A useful starting pack is the record of title and title plan, a recent LIM, the council property file, building consents and code compliance certificates. Add warranties, invoices and reports for important work, plus anything you were given about an earlier defect.

If the home is tenanted, include the tenancy agreement, bond, rent, notice and healthy-homes records for legal review. Insurance and natural-hazard claim papers also belong in the file. This is not a bundle to hand indiscriminately to every visitor. Give it to your lawyer and agent first so they can identify what is current, relevant, private and safe to rely on.

A LIM and a property file answer different questions

A LIM is a formal council report about information the council holds for the land and property. Tauranga City Council explains what a LIM can contain and how to order one. The wider council property file may include plans, permits, consent documents, correspondence and inspection records. Do not assume one replaces the other.

Consumer Protection recommends legal review of the LIM and council files when a buyer is preparing an offer. A seller can use the same records earlier to spot discrepancies, such as a room or deck that appears at the property but not in the consent documents.

If the plans and the house do not match

Do not call work consented, compliant or permitted unless the paperwork supports that description. Compare the house with the council plans, gather what you have and resist guessing about what a previous owner did.

If records are missing or work may be unauthorised, speak with Tauranga City Council and your lawyer before choosing a path. You may need specialist advice, further records, remedial work or clear disclosure. Our detailed guide to unconsented building work in Tauranga explains the difference between exempt work, a Certificate of Acceptance and a code compliance certificate.

Current defects and previous repairs both matter

Keep the first report or complaint, the repair scope, invoices, warranties, consent records and any later expert report. A repair does not make the history disappear. It gives you more evidence with which to describe what happened, what work was completed and what is known about the present condition.

This is especially important for moisture and weathertightness. REA's weathertightness guidance says past issues and work evidence should be discussed, and describes a case where an earlier adverse building report remained material even though a later report was positive. Do not selectively supply only the most favourable report or promise that work solved every related risk unless appropriate evidence supports that conclusion.

Where accounts conflict, preserve both and ask for advice. Describe the source of each statement, whether it is a seller recollection, council record, contractor invoice or expert opinion. REA's guidance expects information supplied through an agent to be current, authoritative, relevant and able to be substantiated.

Natural-hazard damage and insurance claims

Gather the claim number, damage reports, settlement details, scope of works, repair evidence and a clear note of any unfinished work. REA guidance on natural-disaster damage says agents should ask whether a Natural Hazards Commission claim was lodged, what happened to it, whether it will transfer and whether completed work matches the scope. Supporting evidence can include trade certificates, council consents and code compliance certificates.

A paid claim with unfinished work still needs careful handling, and describing a home as "as is, where is" does not remove an agent's disclosure obligations. Ask your lawyer how damage, a payment, a claim or any proposed assignment should be described and dealt with in the sale agreement. Do not assume a claim automatically transfers to the buyer.

Unit titles have specific disclosure statements

If you are selling a unit title, ordinary property records are not enough. Unit Title Services says a seller must provide a pre-contract disclosure statement before the buyer signs. It includes information about the unit and body corporate, including finances, maintenance, governance, remediation, defects and legal proceedings.

A pre-settlement disclosure statement must also be provided at least five working days before settlement and must include updated information such as unpaid levies and changes since the pre-contract statement. Late, incomplete or inaccurate statements can give the buyer rights to delay settlement or cancel in some circumstances. Start early with the body corporate and your lawyer rather than treating this as a generic agent handout.

Handle sensitive issues and contamination carefully

Not every difficult fact has an automatic yes-or-no disclosure answer. REA says sensitive matters such as a violent crime or unnatural death depend on the individual facts, fairness, confidentiality and the seller's consent. Give the facts privately to your lawyer and agent and get advice before sharing personal or sensitive information. Do not advertise it casually or conceal it by simply avoiding the subject.

Take the same evidence-first approach to suspected contamination or hazardous materials. Record confirmed test results, reports, remediation and council or Police information, but do not label a property contaminated from appearance, hearsay or an unregulated screening result. Current official Settled guidance on methamphetamine in properties recommends specialist and legal checks where there is a strong reason for concern. Ask your lawyer and agent how current regulations and the evidence apply.

Give information at the right time and keep a record

Property disclosure does not mean putting every private detail in the advertisement or announcing it to every open-home visitor. REA says information that could affect a buyer's decision to offer should reach them before their offer is drawn up and submitted. The level and method of disclosure can depend on the buyer's interest and the nature of the information.

Agree with your lawyer and agent what will be shared, with whom and when. Keep a written record of the information supplied and the supporting documents. If a fact is uncertain, label the source and uncertainty instead of upgrading it into a confident claim. Buyers can then seek their own legal, building, insurance or other expert advice.

Make the marketing match the evidence

Review the listing carefully before it goes live. REA guidance on advertising tells licensees to check title information, understand council or planning restrictions, verify vendor claims and correct marketing if new information makes it inaccurate.

Keep written records of corrections and disclosures. Phrases such as “fully consented”, “subdividable” or “no issues” carry real weight, so use them only when the evidence supports them. If new information contradicts published marketing, REA says the incorrect material must be withdrawn or corrected and people already dealt with must receive the correct information. Connect this work to the Tauranga selling steps rather than treating it as a last-minute legal job.

Frequently asked questions