Speaker 1: You're listening to the Resident build Up podcast with Peter
Speaker 1: Wolfcamp from News Talks at Bay.
Speaker 2: Even when the dog is too old to bar, and.
Speaker 3: When you're sitting at the table trying not to start,
Speaker 3: the house scissor home, even when Wilma band gone, even
Speaker 3: when you're there alone, ale house is a hole, even
Speaker 3: when those ghost even when you got around from the
Speaker 3: ones you love your most, you scream, dose, broken plaints,
Speaker 3: feeling from the wood locals wisper when they're going to
Speaker 3: leave the neighbor. The house snizz a hole, even when
Speaker 3: Wilba band, when you're loon.
Speaker 2: And a very very good morning to you. Welcome along
Speaker 2: to the Resident Builder on Sunday. That's with me people
Speaker 2: wolf Camp, the Resident Builder, and this is the opportunity
Speaker 2: to talk all things building and construction. So if you've
Speaker 2: got a project that's underweight, it might be an ultration,
Speaker 2: it might be a renovation, it might be an addition,
Speaker 2: it might be a new build. It might just be
Speaker 2: some good old fashioned maintenance that you're doing around your
Speaker 2: place and you've got a question about it. Whether that's
Speaker 2: around gosh, could be around the regulations, could be around
Speaker 2: the products that you use. It could be around the
Speaker 2: tools that you use and the gear that you need
Speaker 2: to get the job done. It might be around the
Speaker 2: like I say, the regulations, the contractors, the materials, whatever
Speaker 2: it is that relates to building and construction and your place.
Speaker 2: We can talk about it this morning on the program.
Speaker 2: So a very good morning. Nice to be back in
Speaker 2: the studio here in Auckland. If you were tuned in
Speaker 2: last week, I was down and told on it, which
Speaker 2: was fabulous and great to be broadcasting out of another studio.
Speaker 2: Nice to be back in Auckland. A little bit of
Speaker 2: a miserable day, and I'll see if we get some
Speaker 2: more information about the power outage at Munga Fi. I
Speaker 2: think it is where some three thousand houses without power
Speaker 2: in the possibility of there being a small tornado. If
Speaker 2: you know anything about that, feel free to give us
Speaker 2: a little bit more detail. And I mean it is
Speaker 2: days like this that you go ah, that's the reason
Speaker 2: that I wander around and make sure that the drains
Speaker 2: are clean and the spoutings working, and the downpipes are
Speaker 2: actually connected to the storm water, and the windows have
Speaker 2: got latches on them that keep them closed. If I
Speaker 2: mentioned this the other day, I got a call from
Speaker 2: a mate going, look, could you just do you have
Speaker 2: any plywood? And it was a property that they look
Speaker 2: after where with the high winds early in January, it
Speaker 2: literally just popped the bifold doors open, smashed them to pieces,
Speaker 2: glass all over the place and a great b opening
Speaker 2: smack bang in the middle of the public holidays. So
Speaker 2: you know, the little things often make a big difference.
Speaker 2: And I tell a story often when I'm doing public
Speaker 2: speaking about a window that fell out just because someone
Speaker 2: had you know, like, oh, I must get round to that.
Speaker 2: I must get round to that. I must get round
Speaker 2: to it. So if you've got a job that you're thinking, gee,
Speaker 2: I must get round to that. But I'm not quite
Speaker 2: sure where to start. We can talk about that on
Speaker 2: the program this morning as well. Oh, eight hundred eighty
Speaker 2: ten eighty is the number. Nine two nine two is
Speaker 2: the text if you'd like to send me a text,
Speaker 2: just like Felicity just has, and if you'd like to
Speaker 2: email me, that's a doable thing as well. That is
Speaker 2: Pete atnewstalk zb dot co dot nz. A couple of
Speaker 2: things coming up on the show today, prompted by a
Speaker 2: conversation which I was really intrigued by. To be fair,
Speaker 2: I'm intrigued by all of our conversations, but one stood
Speaker 2: out to me from a couple of weeks ago where
Speaker 2: a caller said, look, I bought a house, discovered that
Speaker 2: there were some problems with the house, discover that the
Speaker 2: previous owner knew about them but failed to declare them
Speaker 2: in the sale and purchase, went through the disputes tribunal,
Speaker 2: and got it might have been twenty or thirty thousand
Speaker 2: dollars from the excuse me, from the vendor from the
Speaker 2: previous owner of the property, some two years after the
Speaker 2: sale and purchase. Now, that was a little bit intriguing
Speaker 2: for me, and so during the course of this week,
Speaker 2: I rang a guy that I've gone to for sort
Speaker 2: of real estate advice on a number of occasions because
Speaker 2: he's a real estate agent. He's a very good real
Speaker 2: estate agent, Wayne McGuire. We had a bit of a
Speaker 2: chat and I said, look, I think this is something
Speaker 2: we could talk about on the radio. So he's coming
Speaker 2: in just after eight o'clock this morning, Wayne McGuire, who
Speaker 2: was a Ray White's real estate agent and agency owner,
Speaker 2: to talk about exactly that. And it's really around there'll
Speaker 2: be a whole lot of things we want to talk about,
Speaker 2: but in particular, when you're going to sell a house,
Speaker 2: what do you as the vendor need to declare because
Speaker 2: it's there in the contracts and there's an opportunity. We
Speaker 2: had some texts last week about this, where you know,
Speaker 2: people were sort of like, well, if I don't know,
Speaker 2: am I okay? If I genuinely don't know that there's
Speaker 2: a problem with the house because I'm not a building expert.
Speaker 2: I'm just a homeowner selling a house, you know, and
Speaker 2: that becomes a problem later on. So we'll talk about
Speaker 2: all of that subtlety around what you have to declare,
Speaker 2: what you have to know, et cetera, et cetera, with
Speaker 2: Wayne Maguire from Ray White's Realty at just after eight o'clock.
Speaker 2: And to be fair, if you've got a text question
Speaker 2: on that, feel free to fire them through and I'll
Speaker 2: stack them up and we'll see if Wayne can deal
Speaker 2: with a couple of those questions too. But we are
Speaker 2: going to be very specific. It's really about what you
Speaker 2: have to declare, what is reasonable that you should know,
Speaker 2: and who determines that. So we'll talk about all of
Speaker 2: those things after eight o'clock. But right now it is
Speaker 2: your opportunity to talk all things building and construction. If
Speaker 2: you're in the Upper North Island, it's a little bit
Speaker 2: wet and wild. Not so much rain last night seemingly,
Speaker 2: but a lot of wind. And when the rain did
Speaker 2: come through. Had some friends who went off to opera
Speaker 2: in the park out at Glover Park and Saint Helier's.
Speaker 2: I think they got about halfway through that and then
Speaker 2: the organizers said, look, it's just not practical and safe
Speaker 2: to continue. So weather impacting our events. So yeah, and gosh,
Speaker 2: I was watching too that storm that's rolling through Northern Ireland, Scotland,
Speaker 2: parts of the UK, you know, watching roofs peel off buildings.
Speaker 2: I was intrigued by one which looked like a relatively
Speaker 2: new build, you know, lots of glass, lots of steel,
Speaker 2: big overhang and the entire roof just got peeled off,
Speaker 2: what like a reasonably new build. It's one of those
Speaker 2: things as a contractor when you're there going why do
Speaker 2: I have to put in all these brackets? Why do
Speaker 2: I have to put in all these extra screws? Why
Speaker 2: am I you know, out of da Well that's why
Speaker 2: basically it stops stuff getting torn apart in extreme weather events,
Speaker 2: which to be fair not so extreme these days, we're
Speaker 2: getting them more and more. Eight hundred eighty ten eighty
Speaker 2: is the number to call open line on all things
Speaker 2: building and construction. Coming up fourteen minutes after six call
Speaker 2: us now eight hundred eighty ten eighty. We'll come to
Speaker 2: a couple of texts in just a moment, but if
Speaker 2: you've a great time to call, we are going to
Speaker 2: have a guest from eight o'clock, so it's going to
Speaker 2: get a little bit busy. We're into the garden with
Speaker 2: Redklin past. I've had a couple of correspondences with rud
Speaker 2: over the last couple of days, mainly me sending him
Speaker 2: pictures of myself, my wife and our son at Wingspan.
Speaker 2: So we went there. If you were listening to Sean Sunday,
Speaker 2: we were on our way down to Rotrue and then
Speaker 2: one of the things we wanted to do there was
Speaker 2: head out and a two wingspan, which we did on
Speaker 2: the Monday, beautiful day there. As it happens, it was
Speaker 2: actually closed, but Ennica, the manager came out she was
Speaker 2: working anyway, opened the gates. We went in and had
Speaker 2: some time with the falcons which are amazing and with
Speaker 2: the little ruru and saw the work that they do
Speaker 2: and the space that they're creating. It was absolutely fantastic.
Speaker 2: And then I said what was I thinking about? Yes ah,
Speaker 2: And then just by the bike, if you happen to
Speaker 2: be watching the Block Australia like I am, and our
Speaker 2: family is there, I was happily watching away looking at
Speaker 2: out door week thinking oh, that's right, that's when I
Speaker 2: was over there. This was back in May of last year.
Speaker 2: I shot over for two nights, stayed at Phillip Island,
Speaker 2: had a day and a bit of a day, and
Speaker 2: the next day on site at the block and there
Speaker 2: I am standing in the back of the shot. So
Speaker 2: that was a bit of a laugh, rightiot, Let's get
Speaker 2: into it. Oh eight hundred and eighty ten eighty is
Speaker 2: the number to call. Texts come through morning peat. I've
Speaker 2: got a nineteen twenties villa and one of the windows
Speaker 2: has started to rot and the glass is slipping down.
Speaker 2: It's the only one that has this problem. When it's fixed,
Speaker 2: it has to match the rest of the house. A
Speaker 2: woman in my early fifties, not sure how to start
Speaker 2: about getting it fixed before winter. Many thanks, from Felicity.
Speaker 2: Didn't send this last week, but hopefully the email with
Speaker 2: the pictures will come through. Haven't seen it, but I'll
Speaker 2: check that out in just a moment. I mean, it's
Speaker 2: obviously a reasonable amount of decay in the window if
Speaker 2: the glass is starting to slip out. So I'm thinking
Speaker 2: that the mortise and tenin that holds in the bottom
Speaker 2: rail of your in the sash has actually started to rot,
Speaker 2: and that's dropping down, and then the glass is dropping down.
Speaker 2: It might be possible just to remove the entire sash,
Speaker 2: remove the rot, or cut out some of the rot,
Speaker 2: fix a piece of tantalized timber into there, and kind
Speaker 2: of just slide the glass back into place. Maybe you
Speaker 2: have to do a little bit of reputtying and repair
Speaker 2: it on site. It might be that it's that bad
Speaker 2: that the entire sash needs replacing, in which case you're
Speaker 2: better off going to a local joiner, a timber joiner
Speaker 2: who specializes obviously in making timber joinery and wooden sashes.
Speaker 2: They could remake a sash based on the one that
Speaker 2: you've got. Then it's a question of getting someone to
Speaker 2: come and hang it, which might be someone in the factory,
Speaker 2: but often they've got exterior contractors, external contractors rather who
Speaker 2: can come out and do that sort of work for you.
Speaker 2: But it is quite the process because obviously the sash
Speaker 2: is made, it needs to be primed, it needs to
Speaker 2: be painted, possibly new glazing installed, hinges installed fitted, and
Speaker 2: that can be quite a process, and then hardware reinstalled
Speaker 2: and a top coat of paint applied to it. So
Speaker 2: there's a little bit of work in that, but it
Speaker 2: can be done. So I think the next porter call
Speaker 2: is probably going to be a joiner or a good
Speaker 2: what we call a jobbing carpenter. I don't know if
Speaker 2: it's a common word anymore, but it's a sort of
Speaker 2: carpenter that specializes in not so much odd jobs, but
Speaker 2: just these small maintenance tasks and typically someone with a
Speaker 2: bit of experience who might be able to do the
Speaker 2: job on site. Take the sash out, make the repair,
Speaker 2: fetch in a new piece of timber, put it all
Speaker 2: back together again, give it a coat of paint. Job done,
Speaker 2: replace the hinges, maybe redo the hardware. Job done. That's
Speaker 2: what you need to do. Oh eight one hundred eighty
Speaker 2: ten eighty this is the number to call. The text
Speaker 2: from Shane. There's apparently some changes. The district plan in
Speaker 2: Northland requires all driveways to be sealed for the restriction
Speaker 2: of dust. Goodness me this now excludes permeable driveways like paving,
Speaker 2: but that's permeable as a specifically designed to be permeable.
Speaker 2: I presume one issue big flooding risk. Too many homes
Speaker 2: with metal drives will now need to concrete a building
Speaker 2: work consents on site are required for anything. Oh gosh,
Speaker 2: I wonder if there's a limit as in the length
Speaker 2: of it. And imagine if you're in a sort of
Speaker 2: a more rural area. And I'm just thinking about a
Speaker 2: place that we did many years ago where the driveway
Speaker 2: would have been the better part of I don't know,
Speaker 2: probably would have been close to one hundred meters long.
Speaker 2: And I know eventually the owners did many years later
Speaker 2: get it concreted, but for a long time it was
Speaker 2: basically just metal. In fact, it was tailings that we
Speaker 2: got from Ashveldt that we had run in and that
Speaker 2: we could compact down. It actually bound together really quite well.
Speaker 2: It was great for us when we were building the property,
Speaker 2: but it lasted for a number of years after. So
Speaker 2: gee that it's going to add a bit of expense.
Speaker 2: It might be a good time to be a concrete
Speaker 2: contractor in the far North. If you've got a comment,
Speaker 2: eight hundred eighty ten eighty, it's the number to call.
Speaker 2: It is coming up twenty three and a half minutes
Speaker 2: after six. Again reminder, Wayne Maguire from Ray White's Realty
Speaker 2: is going to join me in the studio just after
Speaker 2: eight o'clock to talk about this really interesting idea or
Speaker 2: not interesting it's I was really intrigued by the call
Speaker 2: a couple of weeks ago where someone said, look, I've
Speaker 2: managed to take essentially a case through the disputes tribunal
Speaker 2: and have won some money twenty thousand dollars. I think
Speaker 2: from memory from the previous owner of the house that
Speaker 2: we've just purchased because they failed to declare in their
Speaker 2: sale and purchase agreement's something that we could prove that
Speaker 2: they knew about in terms of a building defects. So
Speaker 2: we're going to talk about sale and purchase contracts, and
Speaker 2: I guess what duty you might have as a vendor
Speaker 2: to declare information about the house, particularly if there might
Speaker 2: have been an issue. And I'll make a little note.
Speaker 2: I had the most glory this day of puttering yesterday,
Speaker 2: it was. It was. It was a spectacularly happy day
Speaker 2: for me puttering. I'm going to write down the list
Speaker 2: of all of the little jobs that I got done,
Speaker 2: and you will be amazed. I was amazed when I
Speaker 2: finally wrapped up at about six thirty last night. It was
Speaker 2: a fabulous day. Anyway, we'll talk about puttering but later
Speaker 2: on the show. Oh wait, one hundred eighty ten eighty
Speaker 2: the number to call Andrea A very good morning to you.
Speaker 4: Good morning, Pete, Good morning Kate. I had a new
Speaker 4: build built next to my home, Yes, And when the contractors,
Speaker 4: the concrete guys came in to labor concrete, the degas
Speaker 4: hit my seeds in two or three paces, yes, And
Speaker 4: I spoke to one of them and said to her that, oh,
Speaker 4: you've just popped my seeds, and he said I'll come
Speaker 4: over and see. He never returned at all, so I've
Speaker 4: got photos that never think of it. But anyhow, the
Speaker 4: owner at the time was away overseas, and since he's
Speaker 4: come back, I spoken to him. So they builders that
Speaker 4: the actual builders came back and nailed one piece of
Speaker 4: iron on it right, touched the ravings or any sake
Speaker 4: they are the bottom railings, most of them. With the
Speaker 4: owner and I spoke, he said, Oh, I'm just so
Speaker 4: sick of the whole lot. I just wanted to get
Speaker 4: rid of it all. I don't want to have anything
Speaker 4: to do with them. So what do I do? As
Speaker 4: the owners on the concrete people?
Speaker 2: Well, yeah, I mean, look, I guess there's a kind
Speaker 2: of like a hierarchy, isn't it. There's the person that
Speaker 2: did the damage, which might be the individual contractor. If
Speaker 2: they kind of can't be bothered, then you would go
Speaker 2: to the person that paid the bills for that contractor,
Speaker 2: which is probably the owner of the property. And even
Speaker 2: if the owner of the property is now sick of
Speaker 2: the contractors, and to be fair, that's not uncommon, they
Speaker 2: still have a responsibility, I would have thought. And even
Speaker 2: if they're sick of the contractors, doesn't mean that they
Speaker 2: can absolve themselves in my mind, of their responsibility. So
Speaker 2: I think, if you've got photographs of the damage, do
Speaker 2: you have, by any chance photographs of the fence in
Speaker 2: its original state?
Speaker 4: No, that you can compare it to No. I mean
Speaker 4: that the fence is about twenty five years but I
Speaker 4: mean it's iron, and there was nothing wrong with it before,
Speaker 4: so you know, I just because it's not to see
Speaker 4: that I've got to be worrying because of the railings
Speaker 4: all my side of course.
Speaker 2: Yeah, where it gets really difficult is enforcing it, right.
Speaker 2: You know, I think it's quite clear that the person
Speaker 2: has a responsibility probably legal but more import moral responsibility
Speaker 2: to repair damage.
Speaker 5: Right.
Speaker 2: You cause the damage, you fix it, and you know,
Speaker 2: to be you might even end up just writing to
Speaker 2: them and saying, look, I understand that you don't want
Speaker 2: anything to do with it. I've had an estimate from
Speaker 2: a local builder to repair it. It's going to be
Speaker 2: five hundred bucks. Please pay that and that's the end
Speaker 2: of it. And you know, if they were the owner
Speaker 2: of the property, they'd probably accept that and just go look,
Speaker 2: I just need to get this gone. But you know,
Speaker 2: if they don't reply, if they're not civic, I suppose
Speaker 2: they're in their approach. The really hard thing is how
Speaker 2: do you enforce it? Do you make a claim for
Speaker 2: damages through the disputes tribunal And chances are what would
Speaker 2: happen is you could go to the dispute tribunal say
Speaker 2: that look, i've had this dispute with my neighbor who's
Speaker 2: unwilling to make reparations for the damage that they've caused.
Speaker 2: You'll get a date, you'll turn up, they won't turn up.
Speaker 2: The referee at the disp tried to bunal will find
Speaker 2: in your favor, which they typically do if somebody doesn't
Speaker 2: turn up. And then but then you've got something that
Speaker 2: you can enforce through the district court, right, and that's
Speaker 2: quite useful. So I think if if you can't convince
Speaker 2: the person to do the right thing, then dispute tribunal
Speaker 2: is probably where you want to go.
Speaker 4: Right, so you think that the best thing would be
Speaker 4: better to best to get a contractor and then give
Speaker 4: me an estimation about it.
Speaker 2: I think that'd be a really good way of doing
Speaker 2: it as well. You know, that's that's if you know
Speaker 2: someone and they're okay to just pop out and say, okay, well,
Speaker 2: look there's three rails that are broken that you know,
Speaker 2: there's this much material. It's going to take me a
Speaker 2: couple of hours to do. Here's an estimate for the repair.
Speaker 2: And then you can go to the owner of the property.
Speaker 2: Has the owner of the property sold the property, Have
Speaker 2: they done it as a development?
Speaker 4: No? No, right? So damaged.
Speaker 2: Actually, but the house that's been built next year, is
Speaker 2: it just one house or is it several houses? Just
Speaker 2: one house? So the person that got the builders in
Speaker 2: is the person who's going to live in the house.
Speaker 2: They're going to become your neighbor. Okay, should make it
Speaker 2: a bit easier. I mean you'd think that, you know,
Speaker 2: if you're going to be neighbors, they'd want to do
Speaker 2: the right thing.
Speaker 4: But yeah, well he wasn't a nasty or anything about it.
Speaker 4: He just sort of said he was sick of all
Speaker 4: the things.
Speaker 1: That have got wrong, I know.
Speaker 2: But to be blunt, that's his problem, not yours, true,
Speaker 2: you know what I mean. Like, you know, almost all
Speaker 2: clients are sick of their builders by the time we've
Speaker 2: got to the end of the project, right, you know,
Speaker 2: they just they love us when we arrive, but by
Speaker 2: the time it's finished, it's like, I'm really pleased to
Speaker 2: see the back of you, if we're really honest.
Speaker 4: Yeah, I thought of one that sort of to be
Speaker 4: on the project manager, you know, the builders that got
Speaker 4: in these contractors, because he didn't even know the name
Speaker 4: of them. I know the name of them. I saw it.
Speaker 4: Love the truck. But yeah, so he wasn't aware of the.
Speaker 2: Way I'd see it is that ultimately, the way that
Speaker 2: I would see it, Andrea, is that ultimately the person
Speaker 2: who's paying the bills is kind of responsible. You know that.
Speaker 6: That.
Speaker 2: Yeah, That's how i'd see it. Good luck with that, hopefully.
Speaker 2: But maybe getting an estimate's a good idea. Give an estimate.
Speaker 2: Go to your neighbor, Hey, this is what it's going
Speaker 2: to cost. If you can contribute to it, then we'll
Speaker 2: just get it done. It's it's over. Otherwise I am
Speaker 2: going to go the dispute trouble.
Speaker 4: Thank you very much.
Speaker 2: Alrighty, all the very best to you. Take care. It's
Speaker 2: a tricky one. I'll tell you. What is absolutely worthwhile
Speaker 2: is if there is going to be you know, there's well,
Speaker 2: intensifications kind of slowed down in most urban areas because
Speaker 2: the developers have kind of got out of the market.
Speaker 2: But I have noticed in the last little while that
Speaker 2: development sites that have sat empty, we're starting to see
Speaker 2: some activity. I saw a house getting pulled off a
Speaker 2: site the other day. Obviously that's going to be a
Speaker 2: bunch of townhouses. If you're the neighbor and you know
Speaker 2: that something's going to start happening next door. I would
Speaker 2: go through and photograph the roadway, like the curb and
Speaker 2: the driveways and that sort of thing. And if you've
Speaker 2: got a shared fence or a retaining wall or something
Speaker 2: like that, I would go through and photograph or video
Speaker 2: all of that. And it's kind of we do it
Speaker 2: sometimes where it's like a dereliction report. Right, this is
Speaker 2: the state when you started building. If it is damaged
Speaker 2: or affected in some way after you've finished your building,
Speaker 2: then the contractor or the owner of the adjacent property
Speaker 2: should be responsible. And that's where having evidence I photographic evidence.
Speaker 2: This is what my fence looked like before you guys
Speaker 2: started building next door. Now it doesn't because you've been
Speaker 2: running trucks up and down there, or someone backed into it,
Speaker 2: or in this instance got hit with a digger. I
Speaker 2: did it a couple of well I didn't. Actually the
Speaker 2: digger operator that I was using collected like a handrail
Speaker 2: of an adjacent property. It was a while ago. We'd
Speaker 2: run up and down that driveway I don't know, seventy
Speaker 2: eighty hundred times, and almost at the end of the
Speaker 2: day clipped it with the bucket on the way out.
Speaker 2: So okay, I'll fix that. I didn't get onto it immediately.
Speaker 2: I think I did it like a week later, but
Speaker 2: that's what you would expect should happen. You may care
Speaker 2: to comment. Oh eight hundred eighty ten eighty is the
Speaker 2: number to call six thirty three here at News TALKSB Radio.
Speaker 2: You're with News Talks heb Pete wolf Camp resident builder
Speaker 2: here right through till nine o'clock. We've got a guest
Speaker 2: after eight o'clock we've got red Cline passed as always
Speaker 2: from eight thirty. Looking forward to that and if you'd
Speaker 2: like to join us, it'd be lovely. Oh eight hundred
Speaker 2: eighty ten is the number to call.
Speaker 5: Hello Martin, Good morning Peter. Long time, long time caller
Speaker 5: and listener and enjoyed your program for a quite few years.
Speaker 5: I've got a very major problem there. Last year I
Speaker 5: subdivided my three thousand square meet of property into three sections.
Speaker 5: But property was created with all the council's RMA services
Speaker 5: and easements consented and signed off. And the council then
Speaker 5: have consented for us to do earthworks to create a
Speaker 5: new building platform and get our ground structure reports to
Speaker 5: build a new home. YEP, this straight after Christmas we
Speaker 5: got the excavator in and started digging to find that
Speaker 5: there's an illegal, non compliant sewage pipe running right through
Speaker 5: the middle of my section right going to be right
Speaker 5: through the middle of the new house right now. No
Speaker 5: easements all that, you know, nothing on any of the paperwork.
Speaker 5: And council have been in touch with counsel and they've
Speaker 5: sort of just said it's a private matter and don't
Speaker 5: wish to be involved.
Speaker 2: Yeah, they'll say that's a civil matter.
Speaker 5: Yeah, yes, yes, do you know.
Speaker 2: We obviously we know where that pipe goes to and
Speaker 2: which house will be affected. I'm guessing it's a knock
Speaker 2: on the door. And hey, by the way, don't know
Speaker 2: that you know, but your drainage runs through my property.
Speaker 2: There's no consents for it. I'm building. I'm going to
Speaker 2: rip it up.
Speaker 5: They know all this, and I wrote them a seven
Speaker 5: day letter, given them, you know, seven days to remove
Speaker 5: said pipes. But they're all just sitting back nothing, nothing,
Speaker 5: doing nothing, not wanting to put their hands in their pockets. Yeah,
Speaker 5: bearing their heads in this end.
Speaker 2: I guess I would probably go to your lawyer and go, look,
Speaker 2: I rip that pipe out. Am I legally entitled to
Speaker 2: do that?
Speaker 5: And if I have been, I have been, and he's
Speaker 5: told me because it's pre exesting, no I can't, but
Speaker 5: a couple officials. There's a couple officials. There's no easements,
Speaker 5: no written permission to ever have that quite there. And
Speaker 5: this pipe, this property was originally borough council land. And
Speaker 5: I'm sure if permission would ever given for that pipe
Speaker 5: to go through their land, there would be some paper trail.
Speaker 5: So it's no about any consentsal permission.
Speaker 2: Yeah, no, not necessarily or even if there was originally permission.
Speaker 2: I know his situation similar to this where let's say
Speaker 2: there's three adjacent properties, right and and so you got
Speaker 2: number one, two and three, number three there wastewater travels
Speaker 2: across the backyard of number two, underneath the garage of
Speaker 2: number three and finally gets into the council wastewater line
Speaker 2: in an adjacent street.
Speaker 5: Right.
Speaker 2: And I've had a look at the gies. I've had
Speaker 2: a look on all of the drainage plans. It doesn't
Speaker 2: appear anywhere, but it's there, right. Yeah, And without it,
Speaker 2: that house number three would literally not There is no
Speaker 2: other practical solution. It's a very old one. You know,
Speaker 2: this is an old area et cetera. And despite that,
Speaker 2: and even though it doesn't appear on the plans, somewhere
Speaker 2: along the line, it probably did get consent right back
Speaker 2: in the day. So the fact that it doesn't appear
Speaker 2: it doesn't necessarily make it illegal. I mean, if it
Speaker 2: was something that was done recently, when we know we
Speaker 2: should have had consents, maybe you'd feel differently about it. Shivers,
Speaker 2: can you bridge it?
Speaker 5: And then it comes right out the bank, straight through
Speaker 5: the middle of the house.
Speaker 2: I've done, and.
Speaker 5: There's two two neighbors away. The neighbor beside me that
Speaker 5: it comes through first before it ends my property. He
Speaker 5: has given me permission to remove it. He doesn't want
Speaker 5: to either. He doesn't you know, he's given me permission
Speaker 5: to chop it off.
Speaker 2: Hang on.
Speaker 5: The neighbor heads, yeah, but it comes from the next neighbors, okay,
Speaker 5: And the neighbor, the neighbor next door doesn't use it.
Speaker 5: He's gone through through courts and got all of permissions
Speaker 5: to run a new, complete, new saw line down you know,
Speaker 5: down the roadway, and so he you know, I've got
Speaker 5: my own services and easement told me signed and things off.
Speaker 5: But he my next neighbor, he's going I had permission
Speaker 5: from the courts to put in he's a new one
Speaker 5: right down the roadway, but this one then comes from
Speaker 5: probably above that.
Speaker 2: Yeah, I'm with you, Yeah, yeah.
Speaker 5: Yeah, I know it's very awkward.
Speaker 2: Could could you dive because I think it's going to
Speaker 2: be uh, I think wow. Tell you one of the
Speaker 2: things that happened where because it's private drainage running through
Speaker 2: an adjacent property, there is a process where counsel sort
Speaker 2: of adopt it, right that because it effectively because private
Speaker 2: drainage should really only be on the property that it
Speaker 2: relates to, right and then when once it extends to
Speaker 2: the boundary, it becomes public. So could you convince counsel
Speaker 2: to take ownership of your of that pipe that runs
Speaker 2: through your property and effectively through your neighbors? And then the.
Speaker 5: Only way, the only way I can see for it,
Speaker 5: I've got to just disconnect topic in the neighbors and
Speaker 5: then then fight it and court, you know then, and
Speaker 5: which could take years. And these these housess houses that
Speaker 5: are affected are going to have no no.
Speaker 2: Sewage or yeah, well that that's what going to work
Speaker 2: for them for about a day and a half, isn't it?
Speaker 2: Before you know this toilet stop flushing basically.
Speaker 5: And then and then maybe councils and everyone will start moving.
Speaker 5: But it's it's not a nice way to go.
Speaker 2: No, it's not. I'm just thinking about the practical implication
Speaker 2: of having this pipe running through where you want your
Speaker 2: new building platform to be. Could you divert it and
Speaker 2: then you can build where you want to build without
Speaker 2: having a sewer pipe running underneath the house.
Speaker 5: But it's a non compliant. It's it's one hundred mil surpi.
Speaker 5: You know, feeding two houses now, I had to put
Speaker 5: my two plub houses. I had to do all things
Speaker 5: with one fifty mil. Yes, yes, it's a non consented
Speaker 5: It's bit like when you do alterations to your house
Speaker 5: and you know you sort of changed, you know, the
Speaker 5: window structure or something. You've got a thing so illegally,
Speaker 5: if I do that, it's illegal.
Speaker 2: Yeah, I'm with you.
Speaker 5: Yeah, it's not going to be.
Speaker 2: If you were to divert it, and if you took
Speaker 2: responsibility for it, you would have to comply with the
Speaker 2: current regulations. And if that man's one hundred and fifty mil,
Speaker 2: then suddenly you're putting in.
Speaker 5: So you're talking hundred thousand dollars plus is what you're
Speaker 5: talking could be Yeah, they have done I do. My
Speaker 5: part was fifty thousand dollars for things, and you know
Speaker 5: you're talking twice quite twice my distance.
Speaker 2: What would be interesting is if you went back to
Speaker 2: council and said, look, you've you know, I've I've complied
Speaker 2: with all of the drainage requirements for my property right
Speaker 2: and you've given consent for that. You've also given me
Speaker 2: seemingly consent for the location of the new build. And
Speaker 2: now I've discovered that there's a public drain or a
Speaker 2: private train that runs through my land. What do they suggest?
Speaker 2: They just go, we don't want to know.
Speaker 5: Yes, these properties are all off a private mary road,
Speaker 5: and the councils just close their eyes and shake their head.
Speaker 5: I've talked to the council for a couple of years now,
Speaker 5: head engineers, and they just close their eyes and what
Speaker 5: they don't want themvolved there is been to the Maryland
Speaker 5: courts and they've given permission for my neighbor to put
Speaker 5: all the services down the LPE near the private road.
Speaker 2: I presume too that given that you've had legal advice
Speaker 2: from your own lawyer, and your lawyer is quite clear
Speaker 2: and saying you don't have the right to just cut
Speaker 2: it off.
Speaker 7: Mhm.
Speaker 2: Is that correct?
Speaker 5: But yeah, but that's from that's that's that's coming from
Speaker 5: two neighbors away. My neighbor next door who doesn't use
Speaker 5: it just to be a section, doesn't use it, and
Speaker 5: it says to create his own. It's quite heavy for
Speaker 5: me to cut it off. So now who's my thing
Speaker 5: from the where it starts or from where it enters
Speaker 5: from where an inters. Yeah, I guess that might be
Speaker 5: a bit complicated.
Speaker 2: Hell, I don't I.
Speaker 5: And the only way I see forward is for me
Speaker 5: to cut it off and then then I will get
Speaker 5: some action from thee.
Speaker 2: An interesting one for our Well, we've had a couple
Speaker 2: of We've got two lawyers that I call on on
Speaker 2: the show, Mike Thornton, who does sort of construction law,
Speaker 2: and then Ben Johnson, who does more property law. It's
Speaker 2: no help to you, but that would be a great
Speaker 2: question to ask them.
Speaker 5: No, just last week and you had those ones with
Speaker 5: the storm water, you know, ye damage well the neighbors
Speaker 5: and that and yeah, I'll.
Speaker 2: Tell you what someone's just text through. And it's interesting, morning, Pete.
Speaker 2: The pre existing pipe will have to be moved by
Speaker 2: the developer, which is effectively you. It's a cost of
Speaker 2: the subdividing. Unlucky, but just one of those unseen costs
Speaker 2: for developing. Sometimes you win, sometimes you lose. You just
Speaker 2: have to take the good with the bad. That's from Tommy.
Speaker 2: It sounds like Tommy probably is realistic and maybe it
Speaker 2: is just going to be you're going to either have
Speaker 2: to bridge it, so you're gonna have to redesign your
Speaker 2: slab so that it's bridging, or you're going to have
Speaker 2: to divert it and just decide which is the more
Speaker 2: cost effective solution, or move the location of your house.
Speaker 2: But that's not that easy.
Speaker 5: No, no, of you looking right down unto the lake.
Speaker 5: It's oh.
Speaker 2: Yeah, it's an intriguing one. But I think it is
Speaker 2: incredibly frustrating, isn't it When you go to counsel and
Speaker 2: then the end they just go, we just don't know,
Speaker 2: and you go like, you're the people that should.
Speaker 5: Be and these neighbors are just buried the head and.
Speaker 2: Wow, hey, I'm sorry that we can't come to a
Speaker 2: conclusion on that, but I'd love to know where you
Speaker 2: get to Please let.
Speaker 5: Me know it.
Speaker 2: Thank you very much, we'll take nice, take care then
Speaker 2: far out, far out. That could be a mess. I
Speaker 2: eight hundred eighty two. Oh, maybe an even bigger mess
Speaker 2: if you just caps it. I wait, hundred eighty ten
Speaker 2: eighty is the number to call. Six forty eight. Will
Speaker 2: take a break, We'll be back with Rose and moment
Speaker 2: you and new Stork se b actually just wrapping up,
Speaker 2: hopefully bit of that conversation with Martin just a moment ago. Hey,
Speaker 2: Pete pipe would have been built installed prior to nineteen
Speaker 2: ninety one, so to be considered an existing situation under
Speaker 2: the Building Act. Hence it is legally established. And that's
Speaker 2: pretty much exactly the same situation as I'm aware of
Speaker 2: where like I say, now you know house number one,
Speaker 2: two and three all in a row. House Number three's
Speaker 2: sewer travels across the backyard of two, through the backyard
Speaker 2: effectively of number one, and out into the road. So
Speaker 2: it's on a corner site. And yeah, nobody knew it
Speaker 2: was there, but it is, and so obviously cutting it
Speaker 2: is not really an option, as tempting as that might be. Oh,
Speaker 2: eight hundred and eighty ten eighty is the number to call.
Speaker 2: Haven't finished about my story about the puttering. I'm just
Speaker 2: starting to write my list. It's a very long list
Speaker 2: of jobs that I got done. Yes, that was awesome, Rose,
Speaker 2: good evening or good morning to you.
Speaker 8: I found myself in a bit of a side situation.
Speaker 8: I applied for a council flood report, yes after the
Speaker 8: twenty three floods, and I didn't expect anything. They came
Speaker 8: back and notted me a buyout and so last thing
Speaker 8: I wanted and I've just got choices. Is it possible
Speaker 8: to raise a two story brick house?
Speaker 2: Interesting that you mentioned this now because I had a
Speaker 2: conversation with very good friends yesterday and they have had
Speaker 2: similar things just in the last couple of weeks. And
Speaker 2: this is Auckland Council. And I actually went to the
Speaker 2: Auckland Council website yesterday and there's a large number of
Speaker 2: houses that are going to be bought by council. Like
Speaker 2: we're talking seven eight hundred houses through the Auckland area.
Speaker 2: So can I presume that.
Speaker 8: You're in Auckland use definitely I'm in one of those.
Speaker 8: And whole streets have disappeared, you know, Yes, apparently.
Speaker 2: Yeah it is, and so yeah, I am aware of it.
Speaker 2: I see I, well, I don't know that if you
Speaker 2: were to, because obviously you want to stay living where
Speaker 2: you are, right, and what I'm doing.
Speaker 8: It wasn't in one of the major areas, and no
Speaker 8: one else in most street doesn't even apply it, So
Speaker 8: wouldn't have applied if I'd realized it could lead to this.
Speaker 8: But there were any mornings like that I applied to
Speaker 8: I did it get out with drainage?
Speaker 2: Right? Okay?
Speaker 8: Pay unless your neighbors applied.
Speaker 2: So in this now, and just to be clear, rose,
Speaker 2: so in this instance here after the flooding, where obviously
Speaker 2: did you have flooding inside your house?
Speaker 8: Yes, it was a level about seven, right.
Speaker 2: And so you made an application to counsel for assistance
Speaker 2: I guess in terms of remediating drainage and the hope
Speaker 2: that would solve it. And the council responses has been
Speaker 2: to come back to you and go, we're going to
Speaker 2: buy you out.
Speaker 8: Yes, yes, right, And we realized it came from a
Speaker 8: cad drain that hadn't been maintained and as soon as
Speaker 8: they worked on it, it just immediately subsided.
Speaker 5: Right, Okay, wouldn't get to bear the king.
Speaker 2: Look, it does sound like you're probably going to need
Speaker 2: some professional advice, you know, maybe from a lawyer who
Speaker 2: can look at the the areas that counsel are going
Speaker 2: to buy out. And if yours, you know, I guess
Speaker 2: in your situation, if you're the only one like I
Speaker 2: do completely understand counsel going you know what, we we
Speaker 2: aren't We are not going to be able to fix
Speaker 2: this problem in some areas. So our best solution is
Speaker 2: to offer to buy people out right, But if that
Speaker 2: would typically apply then to your neighbors, because that's illogical
Speaker 2: that it's just you unless you're in a particular Well they.
Speaker 8: Didn't apply, so nothing right and they still get insurance.
Speaker 2: Well then I h yeah, that's going to be the
Speaker 2: hard thing, isn't it.
Speaker 8: I presume it's just the flooding and you can get fire. Another.
Speaker 2: I wonder whether you may need to go to a planner.
Speaker 2: And I'm sure that some planners town planners will have
Speaker 2: become very familiar with this process now and go to
Speaker 2: a planner, You're probably going to have to pay for
Speaker 2: some professional advice and that they then would act on
Speaker 2: your behalf to go back to counsel. And in this instance,
Speaker 2: because your neighbors are not being brought out and simply
Speaker 2: go Actually that that was not my intention. That while
Speaker 2: there is a risk of inundation, it's it's infrequent, and
Speaker 2: so I would, I mean, maybe even just withdraw your
Speaker 2: application for any assistance back in the mo right, Oh,
Speaker 2: good morning, welcome back. Sorry appalling broadcasting skills on my part,
Speaker 2: just crashing into the news, but I was so captivated
Speaker 2: by the conversation with Rose that I completely ignored all
Speaker 2: the other stuff. Anyway, we will talk to Rose, wrap
Speaker 2: up that conversation if you'd like to join us. Eight
Speaker 2: hundred eighty ten eighty is the number to call a
Speaker 2: couple of really big issues around development, which makes me
Speaker 2: think that maybe it's time to get one of our
Speaker 2: legal eagles back on the show as well in the
Speaker 2: next couple of weeks, which we will do. Eight hundred
Speaker 2: eighty ten eighty. We're taking your calls right now. Remember
Speaker 2: after eight o'clock a guest I reached out to gentleman
Speaker 2: by the name of Wayne McGuire, who is a Ray
Speaker 2: Whites agent, has been an agency owner, so very familiar
Speaker 2: with the I guess the laws and the requirement around
Speaker 2: sale and purchase agreements, particularly after a conversation on this
Speaker 2: show two weeks ago where someone talked about having taken
Speaker 2: a successful case against a previous owner of the property,
Speaker 2: the person they bought the house from, some two years
Speaker 2: after the sale and purchase agreement was completed, because they
Speaker 2: found that the person did not declare information that they
Speaker 2: were fully aware of around some building defects sought redressed
Speaker 2: through the dispute tribunal. Won that case and I think
Speaker 2: it might have been twenty grand that they got. So
Speaker 2: how does that work? What if you're going to sell
Speaker 2: a house, what do you have to do as the
Speaker 2: vendor in terms of disclosure. We'll be talking about that
Speaker 2: with Wayne McGuire after eight o'clock. MEMBERD at eight thirty,
Speaker 2: but right now we'll take your calls at eight hundred
Speaker 2: and eighty ten eighty. Rose, thanks for staying with us
Speaker 2: for a moment.
Speaker 8: That's okay. I you suggested withdrawing that that wasn't an
Speaker 8: option They want.
Speaker 9: You to do that.
Speaker 2: No, I think, gosh, it feels like you've let the
Speaker 2: genie out of the bottle inadvertently and it's going to
Speaker 2: be really hard to put it back in. I just
Speaker 2: wonder whether because you are, you know, like if you
Speaker 2: were in a street that was low lying and all
Speaker 2: of your neighbors had had an offer from counsel to
Speaker 2: buy them out, then I guess it's very hard to
Speaker 2: push back against that right. But if you are the
Speaker 2: only person that they have made that approach to, I
Speaker 2: just feel that that gives you some hope in terms
Speaker 2: of being able to negotiate with counsel. The hard thing
Speaker 2: is it won't change, or it may not change, the
Speaker 2: concerns around flooding that will be on the property file.
Speaker 2: And you're right, will you be able to get insurance?
Speaker 2: And if later on when you go to sell, you know,
Speaker 2: would someone want to buy a house that they can't ensure? Possibly,
Speaker 2: but not at market price.
Speaker 8: No.
Speaker 2: Look, I do wonder whether either through your lawyer or
Speaker 2: through a property like a town planner, you could seek
Speaker 2: some professional advice, someone who understands what the legislation is,
Speaker 2: what the parameters of the council offer it is, and
Speaker 2: whether or not there's an option for you to push
Speaker 2: back and stay in the house. But it's not going
Speaker 2: to change the fact that your house has now been
Speaker 2: identified as obviously being in a flood zone.
Speaker 8: No, I know that's true, and I just send all
Speaker 8: the insurance money over two hundred thousand doing it up
Speaker 8: and it's beautiful. Now it's just till I liked it. Yeah,
Speaker 8: and that's wasted. If I think they give you that
Speaker 8: money back.
Speaker 2: I don't think so. Oh that's a really tricky one.
Speaker 5: And I.
Speaker 2: Hopefully you can take some consolation by the fact that
Speaker 2: you're not alone. There will literally I'm aware having looked
Speaker 2: at the website yesterday, that many several hundred Auckland property
Speaker 2: owners will be in exactly the same situation.
Speaker 8: Yes, I think they are just not in this area.
Speaker 2: No, that's right, Good luck with that. But I think
Speaker 2: professional advice from a town planner might be the go.
Speaker 8: Nice to talk. It's not practical to raise the house.
Speaker 2: As their own, well I guess it would be. And
Speaker 2: that's a sensible flood prevention issue. So you know, if
Speaker 2: you were to say, hey, look what I'm going to
Speaker 2: do is I'm going to raise the house and maybe
Speaker 2: it's going to be a block basement down below, which
Speaker 2: has you know, like if the water comes through, it'll
Speaker 2: just flood through, the blocks will be saturated for a
Speaker 2: period of time. Or you could lift the house and
Speaker 2: put it on poles, certainly there's large areas in the
Speaker 2: Bay of Plenty that were also affected by the floods.
Speaker 2: Oh sorry, around East Cape and all sorts of areas
Speaker 2: there where people are going, actually we might need to
Speaker 2: if we're going to rebuild, we're going to rebuild at
Speaker 2: a higher level, and you know, if the floods come
Speaker 2: then it'll just go underneath the house and carry on.
Speaker 8: But again, was a garrige or not?
Speaker 2: I guess it's non habitable. If it was non habitable,
Speaker 2: and if it was designed in such a way that
Speaker 2: the water just simply flowed from one end to the other,
Speaker 2: you could possibly do that. But then that's a significant
Speaker 2: cost on your part.
Speaker 8: Well, it definitely isn't It was a big section. I
Speaker 8: wanted to build out the back, and I would have
Speaker 8: thought they would allow it if it was built at
Speaker 8: the right level. But I don't think that's going to
Speaker 8: be an option If I'm a Category.
Speaker 2: Three I don't think so either. To be fair, I
Speaker 2: hope it all works out for you. Thanks Rose.
Speaker 8: Thanks, it's interesting plan.
Speaker 2: No trouble, Yeah, good luck with that.
Speaker 8: Thank you all right.
Speaker 2: You take care. Bob oh eight hundred and eighty ten
Speaker 2: eighty the number to call if you're I suppose it's
Speaker 2: one of those things. If you are aware of this
Speaker 2: because you've had a letter from council recently, then you'll
Speaker 2: be aware of it. If you're not, like me, I
Speaker 2: wasn't well. I was aware that some areas were being targeted,
Speaker 2: but identified as areas where there is sort of basically
Speaker 2: flood risk that can't be mitigated. And I remember going
Speaker 2: to a house before the January twenty twenty three flood
Speaker 2: that flooded the previous year and they were going to
Speaker 2: get bored out at that time. Well, it's it's confirmed
Speaker 2: these areas. It's staggering numbers they If you're interested, you
Speaker 2: can go to the Auckland Council website. Just search for
Speaker 2: what I searched for was north Shore because I'm on
Speaker 2: the north Shore of Auckland buy out and it just
Speaker 2: listed literally hundreds of houses. Doesn't say any details about them.
Speaker 2: It just says suburb number of houses that are in
Speaker 2: that z own number that have been brought out. It's
Speaker 2: a big process. O eight hundred eighty ten eighty is
Speaker 2: the number to call if you've got a building question.
Speaker 2: We can talk all things building, construction, anything really to
Speaker 2: do with home ownership and for some people having council
Speaker 2: come along and make you an offer and your property
Speaker 2: is going to be a reality. So oh, eight hundred
Speaker 2: eighty ten eighty is the number, Hollow Georgie. Hi, how
Speaker 2: can I help?
Speaker 9: We purchased a property which will be coming up four
Speaker 9: years in March, and about a year ago we noticed
Speaker 9: a shower this weeking so it was a double lingard shower,
Speaker 9: so he stopped giving one in anyway. So just recently
Speaker 9: we've ripped the shower out and found that it hasn't
Speaker 9: been lined with jib aquiline. It's been lined with ply
Speaker 9: which hasn't even been fixed to the wall, and it's
Speaker 9: had very minimal waterproofing. So they ran a strip down
Speaker 9: the corner and a stripped down underneath where the tats are.
Speaker 9: And when we looked at the PS three, the property
Speaker 9: owner signed it himself.
Speaker 4: Oh the product he used, Yeah, the product he used was.
Speaker 9: From the warehouse, yes, and where the council obviously signed
Speaker 9: off on this. We're having to rip the shower up
Speaker 9: and replace it. Obviously the woods the base places are rotten.
Speaker 9: Do we have any come back on him because he
Speaker 9: signed the PS three.
Speaker 2: Which is kind of what date is on the PS three?
Speaker 9: Oh that I don't know when the build was done?
Speaker 2: Which how long ago? Do you think that was sort
Speaker 2: of early two.
Speaker 9: Thousand, approximately four years, just over four years, because we
Speaker 9: bought it four years ago and they hadn't lived in
Speaker 9: it very long.
Speaker 2: Oh okay, then yeah, I think you do. Because by
Speaker 2: it's interesting that someone who's not can I ask you,
Speaker 2: without going to too much detail, where are you in
Speaker 2: Auckland or somewhere like that?
Speaker 9: No? Final?
Speaker 2: Okay, all right, because for example in Auckland, and I
Speaker 2: mentioned this just for everybody else's information, like, in order
Speaker 2: to issue a producer statement, particularly for waterproofing, you have
Speaker 2: to be on the approved Producer Statement author register with
Speaker 2: Auckland Council, right, So it stops this process, right, So
Speaker 2: I know I've if I've had a waterproofer work for me.
Speaker 2: You can either go online and check or when it
Speaker 2: comes to CCC time council check that the person who
Speaker 2: has been the author of the producer statement is in
Speaker 2: fact qualified to issue or to author a producer statement,
Speaker 2: and they will reject ones that are from someone who
Speaker 2: just signs one. Right because because typically in order to
Speaker 2: do waterproofing most manufacturers of the product will have a
Speaker 2: licensing system, right, so only someone who is licensed to
Speaker 2: install that product should be the person doing the installation
Speaker 2: of that product in most cases. So I think that
Speaker 2: you probably do have a claim because the person has
Speaker 2: also by authoring the producer statement, they're implying a warranty, right,
Speaker 2: and that warranty should at a very bare minimum extend
Speaker 2: for ten years. It's failed within that ten year period,
Speaker 2: they are then responsible for it. So I think you've
Speaker 2: got a strong case to make, and you know, possibly
Speaker 2: you go through the courts. Will possibly you just go
Speaker 2: through the disputes tribernal and again problem you go on
Speaker 2: the problem.
Speaker 9: The problem we had is the man. Two things. The
Speaker 9: man that did it no longer lives in the country,
Speaker 9: and when he did it, he worked for our council.
Speaker 9: Local council by all accounts, had to exit left very
Speaker 9: quickly for some unknown reason. And yeah, so how do
Speaker 9: we contact him? Do we go back through our lawyer
Speaker 9: when we bought the property and contact their lawyer.
Speaker 2: Yeah, but look, if the person's overseas, your chances of
Speaker 2: getting anything from them is to be blunt.
Speaker 3: Just about zero.
Speaker 2: And you probably already know that in your heart. The
Speaker 2: other option is that I presume the building, after the
Speaker 2: building consent was final, inspection took place, it did receive
Speaker 2: a code compliance certificate. Yes it did, which means that
Speaker 2: council takes responsibility, which means that you could try and
Speaker 2: sue counsel.
Speaker 9: We fought the council for two years for resource consent
Speaker 9: was finally one. Ah, you councils are not fun to deal.
Speaker 2: With, No, And look, they've they've got deep pockets and
Speaker 2: they will fight it every step of the way. And
Speaker 2: you know, we can't be too critical of that because
Speaker 2: as rate payers, we want them to, you know, be
Speaker 2: as Yeah.
Speaker 9: We've already given the council a lot of for two years.
Speaker 2: One I wonder whether you know, you could spend several
Speaker 2: thousand dollars trying to fight this or you could just
Speaker 2: put that money into repairing it and just get on
Speaker 2: with it.
Speaker 4: Which is exactly what we're doing.
Speaker 2: But yeah, okay, and look at part of me hates
Speaker 2: giving that sort of advice, but that's just kind of practical.
Speaker 9: I think, yes, no, that's fine, Thank you, damn goodbye.
Speaker 2: Damn hey, good to talk with you all the best.
Speaker 2: Thanks Georgie, take care. Oh that's got to hurt. Oh wait,
Speaker 2: one hundred eighty ten eighty is then i'mber to call
Speaker 2: quick text before we go to the break. Gordon text
Speaker 2: A a moment ago, um, a little while ago actually,
Speaker 2: so sorry for the delay. Gordon. Hey, Pete. I want
Speaker 2: to replace the polycarbonate roofing on my wooden framed greenhouse.
Speaker 2: It is eighteen meters by six that's massive and four
Speaker 2: meters high. I'll use a scaffold on the inside. That's clever.
Speaker 2: Question on how do I replace the capping along the top?
Speaker 2: Do I use plywood sheets to carefully walk on? I
Speaker 2: can't find a roofer to do the job? Ah, Gordon, Yeah,
Speaker 2: I think that's probably going to be. Your best bet
Speaker 2: is to lay the sheets using the scaffold, so you
Speaker 2: can work off that from the inside, so you're not
Speaker 2: trying to stand on the sheets, particularly if you're Perlins
Speaker 2: are let's say it, you know, more than nine hundred centers.
Speaker 2: It's a big step from one Perlin to the other,
Speaker 2: and you could quite easily see yourself going through the polycarbonate.
Speaker 2: But maybe as you're laying it, you'll need to lay
Speaker 2: sheets along the ridge line that you can then fix
Speaker 2: the ridge capping too, and then take those sheets from
Speaker 2: one end to the other, walking on the plywod until
Speaker 2: you get to the end of the building and then
Speaker 2: hopefully you've got a scaffold there you can load it
Speaker 2: onto and go down from there. I can sort of
Speaker 2: understand why you couldn't find a roofer to do the job.
Speaker 2: To be fair, it is tricky. Oh eight one hundred
Speaker 2: and eighty ten eighty is the number to call. And
Speaker 2: another quick text morning Pete. Can you tell me if
Speaker 2: the government have relaxed the rules on tiny homes yet?
Speaker 2: I'd need more information on that question. I don't. I
Speaker 2: haven't seen anything recently on that as it happens. Actually
Speaker 2: this week, I think on Thursday, I'm going out to
Speaker 2: have a look at a fairly significant tiny home manufacturer
Speaker 2: fabrication place. I'll have a bit of a chat with
Speaker 2: them while i'm out there, I'm meeting the owners and
Speaker 2: having a look around, and then I'm off down to
Speaker 2: Hamilton Action on Thursday to look at a three D
Speaker 2: printed house showroom for a three D printed house that's
Speaker 2: just been done, so a factory tour and then a
Speaker 2: bit of a look at this three D printed house
Speaker 2: could be interesting as well. Oh eight hundred and eighty
Speaker 2: ten eighty will take a short break. We'll be back
Speaker 2: with Graham in just a moment. I mentioned earlier in
Speaker 2: the show that I had a for me what felt
Speaker 2: like a fantastic day yes today, puttering. Puttering is my
Speaker 2: new word for twenty twenty five. Puttering, as I see it,
Speaker 2: is the act of performing tasks that are practical and
Speaker 2: achieve something. You fact something done, something that makes a difference,
Speaker 2: but nobody else will notice it. And so I had
Speaker 2: a puttering day yesterday where I had to take all
Speaker 2: of my tools out of the back of the ute
Speaker 2: when we went away for the weekend. So I loaded
Speaker 2: everything into the shed and then before I put it
Speaker 2: all back in, this was task number one for the
Speaker 2: puttering was to go through I've got a set of
Speaker 2: drawers that sit in the back of the ute that
Speaker 2: I made out of plywood years ago. So I went
Speaker 2: through all of those, cleaned them all out, got rid
Speaker 2: of all the debris, got rid of stuff that I
Speaker 2: don't use anymore or off cuts, and da da da
Speaker 2: da clean that re established that back into there. I
Speaker 2: had a hole lot of garden stakes that i'd taken
Speaker 2: out from a job that still had the cloth around them.
Speaker 2: So pulled out all the staples, got those tidied up.
Speaker 2: I had bought a nifty little it's like an attachment
Speaker 2: to a vacuum that if you're drilling a hole in
Speaker 2: a wall and you plug the vacuum into this little attachment,
Speaker 2: it sucks itself to the wall and sucks the dust.
Speaker 2: It's brilliant anyway. So I needed somewhere to hold that up,
Speaker 2: so I reorganized things in the workshop, made a little
Speaker 2: holder for that and one for the square next to it.
Speaker 2: Then in the back of my ute, I've got to
Speaker 2: pull out tray that I made another platform on that
Speaker 2: had a bit of a bend in it, So I
Speaker 2: took that out, strengthened it with a bit of aluminium,
Speaker 2: and then painted it. Put that back in. Done that.
Speaker 2: We picked up a second hand brazier the other day
Speaker 2: from the recycling center. I gave that a rust clean
Speaker 2: and did that, mowed the lawns, cleaned out little paddling pool.
Speaker 2: For some reason, used the little I've got a little
Speaker 2: eighteen vault Rhyobi wet and dry vacuum cleaner, so it
Speaker 2: looks like a lunch box. You can just carry it
Speaker 2: around with you. So I took all of my tool bags,
Speaker 2: so one with my power tools in it, one with
Speaker 2: another set of power tools, another one with grinders and
Speaker 2: bits and pieces, then and emptied all of those out,
Speaker 2: sucked out all of the sawdust at the bottom of that,
Speaker 2: and with the little Ryobi vac, cleaned out the Ryoby
Speaker 2: vac because I'd used that the other day when I
Speaker 2: was doing some concrete drilling on a job, and I
Speaker 2: think I got a couple of other jobs done too.
Speaker 2: It was fantastic puttering day. Awesome, took the whole day.
Speaker 2: It got started nice and early. Guy came round to
Speaker 2: pick up a garden roller. I had an antique garden roller.
Speaker 2: I loved it, but anyway, it's time to move it on.
Speaker 2: So he came picked it up seven thirty on Saturday morning.
Speaker 2: Got a love a trade me purchase that goes I'll
Speaker 2: be there at seven thirty on Saturday, and he was.
Speaker 2: It was awesome. He turns out to be chippy as well,
Speaker 2: so it was a bit of a chat. And anyway
Speaker 2: that's gone. Now I'm on the hunt for a replacement
Speaker 2: garden roller. We'll get round to that later on. I'm
Speaker 2: in the market. Oh eight hundred and eighty ten eighty
Speaker 2: is the number. Graham, Good morning, Good morning, a good buddy.
Speaker 10: Hey.
Speaker 11: I just i was listening to your show this morning,
Speaker 11: and I've got some issues. Who has a good issue
Speaker 11: in the council, but the sun Plaine issue.
Speaker 2: Yeah.
Speaker 11: So, and there street on one side the street, the
Speaker 11: back of the house below the street, yes, And some
Speaker 11: of them are slightly below the footpath. And then you
Speaker 11: come along as it gets further down to the street,
Speaker 11: and the loans of mine, which is built on a
Speaker 11: lava flower, is extually elevated right off yep. So anyway,
Speaker 11: some of some of these houses got water ingress into
Speaker 11: the down down stairs, and some of their backyards flooded.
Speaker 11: And I was actually home when there's when those big
Speaker 11: rains came through. Ye took some video footage and what
Speaker 11: was actually going on. The drains weren running and and
Speaker 11: the water was coming down the down the gunner six
Speaker 11: feet wide heading the abutments to the driveways, and then
Speaker 11: the pressure wave was sending it back uphill and then
Speaker 11: down people's driveways right so shoes around and not seeing
Speaker 11: their drains. But the funny thing is. So I've googled
Speaker 11: the mat in the in the in the in the
Speaker 11: very start of my driveway has a blue blue as
Speaker 11: a pain on it.
Speaker 2: They were oval and flow path.
Speaker 11: Uh oh yeah, well that's a good point. I'm exactly
Speaker 11: sure which one there is. But the nigh his house
Speaker 11: who sits level with the road, their whole house has
Speaker 11: scott blew all over. And then recently they got seen
Speaker 11: to letter from the council saying hey, look we'll give
Speaker 11: you eighty percent of the value and buy your house
Speaker 11: because it's in this in this their house never flooded
Speaker 11: at all. Mhm, never flooded. And I'm like, well, what's
Speaker 11: going on? How's that? How's that even happening?
Speaker 2: I suppose, especially you know in terms of like it
Speaker 2: just will go back a couple of steps. So I've
Speaker 2: been fascinated with this new flood viewer online tool.
Speaker 11: Right, that's that's the one I'm talking about.
Speaker 2: Now, that's one, and I presume at the stage, well,
Speaker 2: all I know is I know Auckland Council's got one, right,
Speaker 2: and and I'm involved with the local college and we
Speaker 2: had you know, like that particular area there is an
Speaker 2: overland flow path and we had a lot of water
Speaker 2: through there and in that area, and so looking at
Speaker 2: it now, it is remarkable to see the extent of
Speaker 2: the floodplain. Right, So I can remember looking at Gis
Speaker 2: three or four years ago and now you look at it,
Speaker 2: and I found it fascinating at the precision of what
Speaker 2: they've been able to map. And my understanding is it's
Speaker 2: mapped off real data. So this is what they know.
Speaker 2: This is where floodplains happen. But obviously if you're saying, hey,
Speaker 2: look in this instance here, this one's being identified as
Speaker 2: being in a floodplain, but in effect they had no flooding.
Speaker 2: You know, do you have an opportunity to go back
Speaker 2: to council or to planners to go actually in reality
Speaker 2: that it just didn't happen. Because I'm aware of another
Speaker 2: property that I know had extensive flooding, serious damage to
Speaker 2: the property, which when I had a look on flood
Speaker 2: view a flood you the other day, it's not even
Speaker 2: highlighted and and there's no overland flow path that goes
Speaker 2: through the property. And that was actually a situation similar
Speaker 2: to yours, where the sheer volume of water that was
Speaker 2: coming down the curb whipped around the corner and then
Speaker 2: up and over. And in their instance, they didn't have
Speaker 2: they had a driveway that sloped down to a basement,
Speaker 2: and they had no they had pumps in the channel
Speaker 2: and the catch pit, and once those got overwhelmed, there
Speaker 2: was just nowhere else for the water to go.
Speaker 11: Nowhere to go. Yeah, yeah, well these this because what
Speaker 11: they did in the in the street reached the beautiful
Speaker 11: and they came through and they put that slightly relates
Speaker 11: to it, but they put the script down on it.
Speaker 5: Yeah.
Speaker 11: Yeah. And and for Ages because it could it gets
Speaker 11: stramped into into my into my basement on tires the
Speaker 11: least flower and I'd blow a mess of piles into
Speaker 11: the gunner and then ring the counselor you need, you
Speaker 11: need to pick all your crap.
Speaker 5: Yeah, heading one.
Speaker 11: Way into the into the one hundred yards here on
Speaker 11: the street to low point in the storm orders. No
Speaker 11: storm waterer in the street runs across down in the
Speaker 11: bottom of the step. And of course I guess so
Speaker 11: on cost saving measures, no one's cleaned to drains there
Speaker 11: for Ages, and their big rain came and of course
Speaker 11: they were hardly working.
Speaker 4: You know.
Speaker 2: Yeah, And look I think that council have had quite
Speaker 2: Auckland in particular, quite the wake up call where you know,
Speaker 2: there's I guess it's not really sexy. Like if you
Speaker 2: were like there's going to be local body elections this
Speaker 2: year and council elections this year, and if you ran
Speaker 2: on a campaign that said the only thing I want
Speaker 2: a campaign for is to fix the pipes, you know
Speaker 2: how many people would vote for you? Possibly quite a
Speaker 2: few these days, I'm not sure, but yeah, probably, you know,
Speaker 2: And I think for a long time, you know, checking
Speaker 2: the pipes and that sort of thing hasn't been a priority.
Speaker 2: I think it genuinely is nowadays. And I'm aware of
Speaker 2: a couple of large public lines that when they did
Speaker 2: finally get round to doing camera surveys and that sort
Speaker 2: of thing, they found that they were fifty sixty percent
Speaker 2: full of sediment. Right now, that's if you've got.
Speaker 11: A lot of it's grit that they've been putting around
Speaker 11: the neighborhood where yeah, and I have big arguments with
Speaker 11: them over and obviously it was done about five six
Speaker 11: years ago, maybe even seven, and I can still go
Speaker 11: out there with a leaf blow and big a big pole.
Speaker 2: Into the other whereas you know. My understanding is with
Speaker 2: the chip is that they do the chip right and
Speaker 2: then they come through with the sweepers and they let
Speaker 2: it settle for a while and then they take the
Speaker 2: excess away. But if they don't come back and sweep,
Speaker 2: then you're right that that grit is going to end
Speaker 2: up in the channel. Eventually it'll end up in the
Speaker 2: catch pit. The catch pit then has got no volume,
Speaker 2: and so they just over top.
Speaker 11: Yeah, and I honestly believe that's a lot of what
Speaker 11: happened in our street because when it when it came down,
Speaker 11: it so it was about six feet wide coming down
Speaker 11: the gunner. As soon as I had those abutments, you
Speaker 11: can see the pressure wave, yes, going back up and
Speaker 11: I'm like, right this where it isn't where where I happened.
Speaker 11: I have a double engine strike. My neighbors singles next,
Speaker 11: so we've got freely wide. So it's sort of didn'
Speaker 11: they have a chance to get at me. But I
Speaker 11: can see how it would get to hers. Ob suggested
Speaker 11: putting a speed up in the driveway enough to send
Speaker 11: it down.
Speaker 2: Yeah, just to divert it you.
Speaker 11: Needed to do. But it's caused a lot of inks
Speaker 11: for people and these these two guys that have bought
Speaker 11: the house next door to me. That's sort of like, well,
Speaker 11: what's going on? And I'm like, mate, I'm telling it.
Speaker 11: I was here in that place to look like.
Speaker 2: Yeah, well, particularly if you're lava flow or something like that,
Speaker 2: you know, potentially there's there's more. They call the tomos
Speaker 2: or what you know, the amazing.
Speaker 11: That's how I got my drainage on the aqui for
Speaker 11: water View YEP, at our hooks and there.
Speaker 2: It's a great system if you can prove that it works.
Speaker 2: I did one years ago where it was you know,
Speaker 2: sort of a volcanic area. We were able to drill down.
Speaker 2: We then tested the sheer volume that it would accommodate,
Speaker 2: and once we could prove that it would handle the rainfall,
Speaker 2: then we could do storm water on site just by
Speaker 2: simply dropping it straight down back into the ground. Great system,
Speaker 2: but that's what that's what I do.
Speaker 11: It's a success thing. And then eventually it's south side
Speaker 11: and down into it so that that main equa.
Speaker 2: Funnily enough, the way that I did was an only hunger.
Speaker 2: So really, hey, good of you to call good luck
Speaker 2: with your neighbors, and thanks for raising that issue. Oh
Speaker 2: eight hundred and eighty ten eighty is the number to
Speaker 2: call seven thirty six here at Newstalk, se'd be call
Speaker 2: us now. We've got time to take your calls through
Speaker 2: till eight o'clock. After eight o'clock, real estate agent agency
Speaker 2: owner and expert WAYE. Maguire is going to join me
Speaker 2: in the studio. We're going to be talking about this
Speaker 2: issue of I suppose declarations what you have to declare
Speaker 2: in a sale and purchase agreement. So we'll talk about
Speaker 2: that after eight o'clock and happy to take any text
Speaker 2: if you've got any questions on that. See now, people
Speaker 2: are telling me that it's pottering. Puttering is the North
Speaker 2: American version. I like the North American version to be fair.
Speaker 2: I don't mind pottering. Pottering kind of implies that you're
Speaker 2: just doing tasks, but more for amusement. Puttering seems to
Speaker 2: have an urgency about it, as in, these are actually
Speaker 2: jobs that will make a difference, just no one else
Speaker 2: will notice it. So I'm sticking with puttering at the stage.
Speaker 2: Oh eight hundred eighty ten eighty is the number. We'll
Speaker 2: talk to Kate after the break Your News Talks e
Speaker 2: B twenty minutes away from eight o'clock. Kate, A very
Speaker 2: good morning to you.
Speaker 7: Good morning pee, Kate.
Speaker 2: How are you?
Speaker 7: I'm siged, thank you and yourself bad.
Speaker 2: Thank you.
Speaker 7: I've got these beautiful you uPVC windows and doors in
Speaker 7: my new home. Very happy with them. And they were
Speaker 7: delivered with a film protect the film on them, and
Speaker 7: the house was painted and the scaffolding came down and
Speaker 7: I asked a few times, when does that film come off?
Speaker 7: Because it's covered in all this writing. It looks horrible,
Speaker 7: and nobody did anything about it. That film stayed on
Speaker 7: for weeks in the hot sun, and I eventually called
Speaker 7: the builders have left the site with the film on
Speaker 7: the window. And I called the manufacturer and he was
Speaker 7: very distressed. He was wonderful. He came on Friday night,
Speaker 7: he got a ladder in his business clothes. He was
Speaker 7: climbing his ladder and peeling off the film. He said,
Speaker 7: this should have come off weeks ago. This is negligence.
Speaker 7: And now there's residue, bluey, sticky residue on there which
Speaker 7: has taking the nice shiny surface away. And he said,
Speaker 7: what you need to do is put some mefilated spirits
Speaker 7: on it and then follow up with a damp cloth
Speaker 7: and it will come off well. Some of the some
Speaker 7: of the film is coming off in shreds. It's baked
Speaker 7: on so hard from areas where the sun caught it.
Speaker 7: So I tried this. I called the build it one
Speaker 7: and called builders because they actually will only email me
Speaker 7: now by many issues. If they're not they don't want
Speaker 7: to deal with me. And so they said they'd send
Speaker 7: the builder over the weekend. Of course, now it's not
Speaker 7: great weather. But I tried a little bit of methylated
Speaker 7: spirits and it didn't really do the job terribly well.
Speaker 7: So I googled, and every Google site says, don't use
Speaker 7: methylated spirits. You can use isoprobo alcohol or in a
Speaker 7: heat gun ra that will read me a hair dryer.
Speaker 7: So I'm just not sure. I can talk to the
Speaker 7: manufacturer again Tuesday. But of course it's a long weekend,
Speaker 7: and if we get any more sun, which we today,
Speaker 7: we're not. But I don't know what to do about this.
Speaker 7: He said, it's really urgent. You need to not let
Speaker 7: this bacon anymore. Sometimes I can see the writing from
Speaker 7: the film in the glue of the window. I'm wondering
Speaker 7: if you've got experience of this having been snored and
Speaker 7: that's for too long and what to do.
Speaker 2: Yeah, it's incredibly frustrating. I can certainly understand that. I mean,
Speaker 2: the protective film is there to protect it during construction
Speaker 2: and then ideally it's removed as soon as any painting
Speaker 2: or scaffolding comes down. I think the fact that you've
Speaker 2: reached out to the manufacturer and listen, I would listen
Speaker 2: to their recommendations. I think the fact that you've gone
Speaker 2: to Google is great. But you know, I good on
Speaker 2: them for coming out, and I suspect I know who
Speaker 2: that company is, so look, I think it is going
Speaker 2: to be Mislad Spirits. I think it is going to
Speaker 2: just be a really time consuming task. I think, just
Speaker 2: being realistic, the chances of getting the builder to come
Speaker 2: back and do it is unlikely. Whether or not you
Speaker 2: could then get a contractor to come in and do
Speaker 2: that work, and it's just diligence. It's just time, right
Speaker 2: time and attention to detail. Yeah, whether or not you
Speaker 2: could make me.
Speaker 7: Yeah, does this fall under naked?
Speaker 2: See. What's really interesting for LBPS now is, and I'm
Speaker 2: speaking as an LBP myself, is there is now a
Speaker 2: code of ethics and it's been around since about two
Speaker 2: thousand and two, I think. And just go and google
Speaker 2: LBP Code of Ethics, it'll take you to the LBP website.
Speaker 2: It makes it really clear around some responsibilities that we
Speaker 2: have in terms of how we behave right and so
Speaker 2: you know there is you could remind the LVP of
Speaker 2: their responsibilities under the Code of Ethics and and that's
Speaker 2: things like informing clients. So for example, if they decided
Speaker 2: that they were not going to take off the film
Speaker 2: and that it was going to become your responsibility, they
Speaker 2: should let you know if you know, if it's something
Speaker 2: that they should have done and should reasonably have known
Speaker 2: that they should have done, and they didn't do it,
Speaker 2: then you could say, well, look it was part of
Speaker 2: your task. If you installed the joinery, then you're also
Speaker 2: there to remove it. In the same way that you know,
Speaker 2: roofers that install flashings know that they have to remove
Speaker 2: the the there's often a plastic film on flashings, so
Speaker 2: typically when a roofer installs them, they remove them right.
Speaker 2: They don't put them on with them on and wait
Speaker 2: for someone else to take them off. Yeah, I have
Speaker 2: a look at the Code of Ethics.
Speaker 4: Yeah, I have.
Speaker 7: I understand about the code of ethics, been there and
Speaker 7: oh okay, send a screenshot of it to the builder.
Speaker 7: But some of the writing on the film says remove
Speaker 7: after installation. Yeah, it's right there, it's all over it.
Speaker 2: Yeah, did the builder install the joinery or did the
Speaker 2: contractor from the manufacturer install the joinery? The builder did, okay,
Speaker 2: which is fine, But then yeah, it's part of their
Speaker 2: responsibility to remove it. They haven't if it's unlikely that
Speaker 2: they're going to come back and do anything, or certainly
Speaker 2: not with any urgency, in which case you could get
Speaker 2: a contractor in to give you a price. You have
Speaker 2: to send that to the builder. You have to say
Speaker 2: it's going to cost me this much because there is
Speaker 2: a first ride of refusal, right so or rectify. So
Speaker 2: you have to go back to the contractor to say
Speaker 2: I'm going to have to spend this much money to
Speaker 2: have this repaired. Either you're going to do it or
Speaker 2: I'm going to spend the money. But you do have
Speaker 2: to give them the opportunity of fixing it in the
Speaker 2: first place.
Speaker 7: Oh okay, it was sort of contract you would do that.
Speaker 2: Gosh. I used to. I had a guy come and
Speaker 2: do some work for us a little while ago who
Speaker 2: actually was a sign writer, but he was and what
Speaker 2: we needed him to do was clean off swarf and
Speaker 2: that sort of thing from long run metal installation, right,
Speaker 2: And it was just a guy who was meticulous. So
Speaker 2: that's all you need, just someone who's got patience and
Speaker 2: determination to come and do it. It might be a
Speaker 2: professional cleaner, it might be a joinery installation person, it
Speaker 2: might be another builder, just someone with the right attitude.
Speaker 2: A number of people have texted and said the isopropyl
Speaker 2: alcohol is much better than meths for cleaning the glass,
Speaker 2: but the film wouldn't be on the glass, It'll just
Speaker 2: be on the extrusion.
Speaker 7: Correct. There's a little of the little marks on the
Speaker 7: glass from small stickers, but I can deal with that.
Speaker 2: Yeah, have it go, you can buy I bought some
Speaker 2: the other day, actually, little spray bottle of icopropel alcohol.
Speaker 2: Try that. If it's more effective than meths, go for it.
Speaker 2: But I think you know, i'd listen to the manufacturer
Speaker 2: about their recommendation.
Speaker 7: Well, I actually, yeah, do ask the manufacturer about that,
Speaker 7: and he said no.
Speaker 2: To it, just strong. Okay, Oh, well then then go
Speaker 2: with the mess just down the line. I'll just get
Speaker 2: you to tell my producer as I who the manufacturers
Speaker 2: I'm curious to know, but yeah, just down the line, Kate,
Speaker 2: if Isaiah will ask you that question in just a moment,
Speaker 2: it's coming up twelve minutes away from eight eight hundred
Speaker 2: and eighty ten eighties. The number to call will take
Speaker 2: your calls right up to the news at eight. After
Speaker 2: the news at eight o'clock, we're going to talk to
Speaker 2: Wayne Maguire who's from ray White's Realty. Been in the
Speaker 2: business for a long time. I'm really curious around this
Speaker 2: whole sale and purchase and as a vendor, what do
Speaker 2: you need to declare? And I mean it's interesting it
Speaker 2: came up just with Georgie straight after the eight o'clock
Speaker 2: news talking about a shower that are being poorly built
Speaker 2: and intrigued there that someone was able to issue a
Speaker 2: producer statement without being qualified to do so, and that
Speaker 2: that got accepted by counsel. Those sorts of things. If
Speaker 2: it's a new sale and purchase agreement, no, there's no problem,
Speaker 2: but you are aware of a problem. What what declarations
Speaker 2: do you have to make and what responsibility do you
Speaker 2: have to declare? What you may know, particularly in terms
Speaker 2: of defects about a house before you sell it. Oh,
Speaker 2: eight hundred eighty ten eighty the number to call call
Speaker 2: us Now we'll take short break back with your calls
Speaker 2: in just a moment, you and we're taking your calls.
Speaker 2: Eight hundred eighty ten eighty is the number to call. Hello, Paul, Hi,
Speaker 2: Hey Pete.
Speaker 6: The other week, you were talking about your usual paint
Speaker 6: company's acrylic paint remote. Yes, is that called latex paint remoter?
Speaker 2: Yeah, it is, because that's what the frame. They obviously
Speaker 2: get it from the state, and that's typically how they
Speaker 2: describe acrylic paints in the state. So latex paint remover.
Speaker 6: Cook and how old paint will it remove? You know,
Speaker 6: how long have the paint's been on the air for weeks? Months?
Speaker 2: I don't know that it would necessarily matter because in
Speaker 2: the end, I mean, I was using some water born
Speaker 2: enamel paint yesterday to paint this tray that sits in
Speaker 2: the back of my ute, right, so I guess it's on.
Speaker 2: It takes two hours to dry, then it's dry. I
Speaker 2: don't know that it makes a difference whether it's two hours,
Speaker 2: two weeks, or two years.
Speaker 6: Right, Okay, all right, I'll give it a go.
Speaker 2: Yeah, I think it's probably more designed for you know, patches,
Speaker 2: and so it's not a paint stripper if you want
Speaker 2: to paint.
Speaker 6: Strip patches, you know, but yeah, that's what I want
Speaker 6: to remove.
Speaker 2: Yeah, yeah, like I you know, it's probably one of
Speaker 2: those situations I've said property the other day and you could,
Speaker 2: you know, the painter had done a really slap dash
Speaker 2: job and there was bits of paint all over the
Speaker 2: aluminium extrusion and I guess it's for that type of task.
Speaker 6: Good, yeah, excellent, all right, all right, give it a go,
Speaker 6: all right, make all.
Speaker 2: The best, take care, take care, all the best. A
Speaker 2: couple of quick texts as well. Hey, Pete spied you
Speaker 2: on an episode of The Block the other day. You're right,
Speaker 2: actually the Block Australia, Tony very eager eyed listeners on
Speaker 2: the show. I got a message through social media the
Speaker 2: other day too so and look, to be fair, I
Speaker 2: was not sure whether there would be any footage or
Speaker 2: anything like that. I certainly didn't go with the intention
Speaker 2: of being on camera, but I did have a very
Speaker 2: delightful day wandering around the site with Julian Cress, who's
Speaker 2: the producer and the originator of the show. He was
Speaker 2: very generous with his time and just a fantastic guy.
Speaker 2: Spoke with him for quite some time, had the opportunity
Speaker 2: to meet good old Scotti, Cam and Shelley and Dan
Speaker 2: as well, and sort of wandered around watching them work.
Speaker 2: And obviously I'm familiar with it, given that I did
Speaker 2: it for ten years on the block here in New Zealand,
Speaker 2: but it's quite interesting being on the other side of it,
Speaker 2: watching the production, watching the way in which the story
Speaker 2: produces and the camera crew work and the way that
Speaker 2: it's organized there. Ended up that night going out for
Speaker 2: dinner with actually Robert from Felax, was good of my
Speaker 2: host at that time, and then ended up going out
Speaker 2: to dinner with two of the guys from nine and
Speaker 2: six who are the main construction company and they effectively
Speaker 2: run the site due all of the management of the
Speaker 2: subcontractors and they do the bill. So I had dinner
Speaker 2: with a couple of the guys from nine and six,
Speaker 2: spent a bit of time with Scotty, gave them a
Speaker 2: nice bottle of wine and had a bit of a
Speaker 2: chat and followed them around. And yes, there I was
Speaker 2: in the back of the shot the other day. I've
Speaker 2: put that out actually, a couple of photographs on my
Speaker 2: Facebook page. So if you can't have look for resident
Speaker 2: builder or people Camp on Facebook you'll find it there.
Speaker 2: But had it. It was a great time. It's back
Speaker 2: in gosh when was it May? Middle of May of
Speaker 2: last year. Don't tell me what the outcome is. I'm
Speaker 2: still hoping that it's going to be a surprise for me.
Speaker 2: I think it'll be on sometime next week. Oh, eight
Speaker 2: hundred and eighty ten eighty is that number to call
Speaker 2: if you've got a question of a building nature. Well,
Speaker 2: actually we've run out of time for building questions, But
Speaker 2: if you've got a real estate question, particularly around sale
Speaker 2: and purchase and disclosure, text it through on nine to
Speaker 2: nine two because Wayne Maguire from Ray White's Realty, he's
Speaker 2: going to join me after the eight o'clock news and
Speaker 2: we're going to talk about this really intriguing case that
Speaker 2: came up just a couple of weeks ago. So we'll
Speaker 2: do that after eight o'clock Your News Talk, seid B News,
Speaker 2: Sport and Weather, Top of the hour at eight your
Speaker 2: News Talk, said B people camp with you this morning,
Speaker 2: and it is a great pleasure this morning to have
Speaker 2: in the studio. I'll get the right microphone. I'll bring
Speaker 2: it up Wayne Maguire, who I was saying as we
Speaker 2: came up in the elevator, pretty much exactly two years
Speaker 2: ago since we had you here in the studio. I
Speaker 2: don't know where those two years have gone. But hey,
Speaker 2: great to see you again. Thanks very much for coming in.
Speaker 10: Yeah, great to be with you, Peter. And hopefully I
Speaker 10: can add a bit of value.
Speaker 2: Yeah, oh, look, I know that, And thanks for your
Speaker 2: time on the phone this week. So the beginning of
Speaker 2: this was a phone call a couple of weeks ago
Speaker 2: where a caller said, look, I've just been through a
Speaker 2: situation where I purchased the house two years ago. I've
Speaker 2: then found that there were some defects in the house.
Speaker 2: I've investigated it found that the vendor, the person who
Speaker 2: sold me the house, was aware of the defects but
Speaker 2: did not disclose them in the sale and purchase agreement.
Speaker 2: And I've been able to prove that. I've gone to
Speaker 2: the dispute tribunal and they've found in my favor and
Speaker 2: I've got twenty grand out of them. Oh okay. And
Speaker 2: it started me thinking about crikey. What is it in
Speaker 2: a sale and purchase agreement that a vendor has to declare?
Speaker 10: Yeah, great point to raise. And there's a couple of documents,
Speaker 10: to be honest. So it's going to be the salent
Speaker 10: purchase agreement. Yes, And that's a contract between the buyer
Speaker 10: and the seller.
Speaker 2: Yes.
Speaker 10: And inherently, and there is warranties, you know, vendor warranties
Speaker 10: we call them. Yeah. And in the warranties you're saying
Speaker 10: in escence, you're saying, anything I've done while I've owned
Speaker 10: the property that needed a consent, I made sure it
Speaker 10: had a concent of mad Sure, it's been done as
Speaker 10: per the concent of mad Sure, it's had sign off,
Speaker 10: you know, a co compliance certificate, and of made sure.
Speaker 10: I've given away no rights, you know to the property.
Speaker 10: You haven't allowed the nighbor to build or do anything different.
Speaker 2: So you're looking for that, Okay, Yeah, so.
Speaker 10: Think about that in your Salem purchase. So that covers
Speaker 10: the period while the vendors owned it. But we actually
Speaker 10: go further. We actually go what happened before and what
Speaker 10: else is going on with the property. So I think
Speaker 10: you've got to go a bit wider you've really Now
Speaker 10: if we jump back a step, Peter, and we go
Speaker 10: back to the listing point, and this is the contract
Speaker 10: between the vendor and the agent. Okay, ask then, and
Speaker 10: there we're asking lots of questions.
Speaker 2: Now slightly tricky question for you. So let's say I'm
Speaker 2: about to sell my house and I decide, right, I
Speaker 2: want to list it with you this choice it would
Speaker 2: be a good choice, but we don't live in the
Speaker 2: same area. But anyway, so I decide that I'm going
Speaker 2: to sell the house. I want to list with an agent.
Speaker 2: So in terms of your agency, you would then sit
Speaker 2: with me and go through what sounds like quite an
Speaker 2: extensive questioning. Okay, and what's included in that?
Speaker 10: So there's an agency for more. The big agents or
Speaker 10: agencies are about the same, you know, they've got the
Speaker 10: same sort of questions, which is have there been any
Speaker 10: events at the property? Has there been any damage on
Speaker 10: the property, any flooding? Is there any problems? You know,
Speaker 10: it just keeps going and going and going. At our
Speaker 10: team sitting out with Ray White and the base, we
Speaker 10: add even more pages. So we've got another list and
Speaker 10: it just asks everything and it actually asks everything that
Speaker 10: we've seen is a problem in the past, we ask again,
Speaker 10: So if we've seen it pop up on another house,
Speaker 10: we ask on this out. Yeah. So there the vendor
Speaker 10: makes the declaration. It's a yes or no. You know,
Speaker 10: has there been a problem?
Speaker 5: Yes?
Speaker 3: No?
Speaker 10: Or unknown?
Speaker 2: Okay? Now, if a vendor you know, because not all
Speaker 2: of us are building experts, right, and you know, I've
Speaker 2: met people that couldn't describe what sort of clatting they
Speaker 2: have right on their house. So and that's okay. So
Speaker 2: if you have little knowledge and you don't know and
Speaker 2: you take unknown, is that fair?
Speaker 4: Yeah?
Speaker 10: It is fair. It is fair. And to a degree,
Speaker 10: the agent's in the same boat. Now, they should obviously
Speaker 10: know the exterior clatting and they're going to know which
Speaker 10: ones have got more risk, and they've got to tell
Speaker 10: a buyer about that. You know that this is a
Speaker 10: monolothical plastic. Sure, they'll highlight that for them. If it's
Speaker 10: something that's buried in the agent can't see it or
Speaker 10: the owner can't see it, that's cool. But if they
Speaker 10: should be aware of it, yes, then they've got to
Speaker 10: do something about it. So the agent actually gives the
Speaker 10: vendor a bit of guidance. Here's the interesting thing. The
Speaker 10: vendor can take the guidance or not. So this this
Speaker 10: is going to be I think this is going to
Speaker 10: surprise a lot of people. The vendor can say, yep,
Speaker 10: I've got a problem, but you're not allowed to tell anybody.
Speaker 10: You imagine that the agent has then has to caution
Speaker 10: the vendor and say we should disclose it. But if
Speaker 10: you don't want to disclose it, I have to walk
Speaker 10: away from the listing. I can't represent you.
Speaker 2: Do all agents have to walk away from the list?
Speaker 4: Yeah?
Speaker 10: Yeah, it's it's Aria rules, government rules. Yeah, absolutely, all right.
Speaker 2: So if I decide, well, look, I've I've done something.
Speaker 2: I know it's slightly dodgy, but I you know, I
Speaker 2: don't want to tell you, then you should walk away.
Speaker 2: Let's say you are aware that you know, maybe you
Speaker 2: added a deck and you kind of knew that you
Speaker 2: needed consent for it, but you didn't get one, or
Speaker 2: you as an agent realized, well, hang on, that decks
Speaker 2: over a meter high and it doesn't have a handrail
Speaker 2: in and should have something like that. Basic practical stuff
Speaker 2: that from your experience you'd know about. What's the process?
Speaker 2: Then what would you do in the listing.
Speaker 10: Noted on the listing. Yep, make sure you disclose it
Speaker 10: to the buyers. Yes, so in fact that check sheet.
Speaker 10: When we first did it, I thought, oh my god,
Speaker 10: look the vendors are going to get pretty ansy about this.
Speaker 10: We're explaining everything. But we actually added a little bit
Speaker 10: at the end. It was pretty cool. We actually added,
Speaker 10: you know, the vendor discloses you know, this is everything,
Speaker 10: and the agent's aware of it. And the agent must
Speaker 10: tell the buyer before the buyer makes an offer. All
Speaker 10: bids at auction and then they sign it. So we
Speaker 10: now give it to all buyers. So the problem that
Speaker 10: you described that costs somebody twenty thousand dollars. If we've
Speaker 10: got a problem and we've told them about it and
Speaker 10: we've made it very clear to the buyer and they proceed,
Speaker 10: then the buyer owns at and you can and sorry, Peter,
Speaker 10: you can. There's a clause in the contract. So we
Speaker 10: may have clauses saying look there's unconsented work may or
Speaker 10: may not required. Bathroom is a good example. Everybody tells it,
Speaker 10: tells us the bathroom was like for like, yeah, no
Speaker 10: one ever moved anything in Orca. So you've got to
Speaker 10: be pretty careful about that, and now vendors making a
Speaker 10: warranty on that, so they've got to be pretty careful,
Speaker 10: or producer statements, checking up on producer statements and sign offs.
Speaker 10: So sometimes if it's unclear, we'll have a clause just
Speaker 10: saying it's unclear yep, may or not, may or may
Speaker 10: not have required a consent, yes, and then the person procedure.
Speaker 2: But it's all around that disclosure. Yeah, yeah, okay, And
Speaker 2: obviously in terms of sale and purchase, you know, if
Speaker 2: there's work that needed a consent but clearly didn't have one,
Speaker 2: you can still put a property on the market. Yep,
Speaker 2: with that as long as you declare it. Absolutely, absolutely,
Speaker 2: just I'm just thinking about this particular case. So in
Speaker 2: this instance here, the vendor was, for want of a
Speaker 2: better term, duplicitous, right, they were aware that there was
Speaker 2: a defect. They didn't declare that in the sale and
Speaker 2: purchase agreement. Is it that that would have allowed the
Speaker 2: new owner to seek redress from them? The fact that
Speaker 2: they didn't declare it.
Speaker 10: Yeah, they were aware of you if you took that
Speaker 10: as being the facts, they were aware of it, They
Speaker 10: had it and tried to get away with it. So
Speaker 10: if I'm talking to a vendor, I'll say, if you
Speaker 10: know something, let's just tell them. And here's what I found, Peter.
Speaker 10: If you tell a buyer early enough, if a buyer
Speaker 10: loves the property, yes, yeah, And this is what they
Speaker 10: sound like when they love a property. They say, when
Speaker 10: I don't really like it, that's that's a code for
Speaker 10: I really loved this. We really want to be you know.
Speaker 10: Then if you tell them about the problems up front,
Speaker 10: they still love it. Sure, and they want to jump
Speaker 10: through hoops the same as we do a building inspection
Speaker 10: and it finds some use. The buyer hates that as
Speaker 10: much as the vendor. You know, they want that house. Yeah,
Speaker 10: So if you disclose upfront and they're aware of it,
Speaker 10: then absolutely In that case, the vendor had something. It's
Speaker 10: interesting somehow they found out or discovered that. And Auckland,
Speaker 10: New Zealand, such a small little village that you know,
Speaker 10: probably the first builder they had through the house to
Speaker 10: do something said oh yeah, I checked this for the
Speaker 10: last owner. It tells them. Yeah, it's a pretty small world.
Speaker 6: Ye.
Speaker 10: So those sorts of things happen. So yeah, if you
Speaker 10: know something, tell them if you think there might be
Speaker 10: a problem, investigate and then tell them yep.
Speaker 2: But it is quite clear in the sale and purchase
Speaker 2: agreement what level of disclosure you're expected yep.
Speaker 10: Okay, which is around work you have done right now,
Speaker 10: it's silent on previous works, yes, but inherent in the
Speaker 10: contractors that you haven't misled them. So if you're aware
Speaker 10: of previous I think you should look at that decks
Speaker 10: or a good exams so I won't earnly be building,
Speaker 10: it will be title. Somebody has added a deck on
Speaker 10: a cross lease or a balcony, and now the footprint
Speaker 10: looks different, yeah, and somebody goes, well it's always been
Speaker 10: like that, Yeah, but you know what the rules are
Speaker 10: tighter now. You know, people are making discovery.
Speaker 2: Just on that whole cross Ley's thing, because it's come
Speaker 2: up with some friends of mine that have purchased recently
Speaker 2: where you know, when they're doing the due diligence, they've
Speaker 2: found that, in fact, the other property on the cross
Speaker 2: lease added for example, a deck or a balcony, didn't
Speaker 2: update the flats plan correct. That can be quite an.
Speaker 10: Issue absolutely, So now the flats plan is defective. Right,
Speaker 10: So yeah, here's the evolution of a realistat agent. You know,
Speaker 10: and I don't record this, but I know anybody listening
Speaker 10: stop listening. You know, twenty years ago it was you know,
Speaker 10: we we sort of didn't want to hear anything, didn't
Speaker 10: want to know anything.
Speaker 2: Yes, sure, and industry ran you know, yes.
Speaker 10: Then it became more, well, if you know about it,
Speaker 10: you should do something about it. And then it came
Speaker 10: you should actually discover and have some intelligence around looking
Speaker 10: for what might be a problem because they exist. And
Speaker 10: then on top of that, also sort of halfway through
Speaker 10: that period was if the vendicit it's all okay, you went,
Speaker 10: thank god, the vendor set it's okay. We're now at
Speaker 10: a point now, and it has been for a period
Speaker 10: of years where we go, if that's the case, what's
Speaker 10: the evidence, right, So vender goes it's all okay, So
Speaker 10: well it doesn't seem to be what's the evidence. Let's
Speaker 10: get a builder through to check this.
Speaker 2: Yeah, okay. Now, one of the phrases that's often used
Speaker 2: in terms of real estate agents in particular, well, there's
Speaker 2: a number of phrases, but the one I'm going to
Speaker 2: choose is duty to disclose. How do you see that?
Speaker 2: What does that mean for you? As an agent. Duty
Speaker 2: to disclose in terms of I'm coming through an open home, yep,
Speaker 2: and I ask you a question, and the duty to
Speaker 2: disclose is you tell me everything you know about the property.
Speaker 2: Is that?
Speaker 10: How do you see It's here's the balance. Duty of
Speaker 10: care to a buyer fiduciary. Care to a vendor fiduciary
Speaker 10: is the highest level they're in front of, even me.
Speaker 10: I do everything for them. I tell them everything I know,
Speaker 10: and I protect their interests. On the buyer's side, I've
Speaker 10: got to take care of the buyer, make sure the
Speaker 10: buyer is okay. So disclosures through there is an agent.
Speaker 10: If you know it, you must tell them. If you
Speaker 10: should know it, or you should have looked at something
Speaker 10: and seen an issue, then you should tell them. And remember,
Speaker 10: if the vendor tells the agent, hey, I want you
Speaker 10: to stay silent. The agent their legal positions, I must
Speaker 10: walk away from the listing. So then we just caution
Speaker 10: the vendor. Every vendor goes hard. I don't want everybody
Speaker 10: to know about that, but if it's material, we just
Speaker 10: manage it. So yeah, if I'm aware of it as
Speaker 10: an agent, I tell the purchases and if I can
Speaker 10: add another way, please you've got to be careful what
Speaker 10: you're representing. You know, it's crazy to me, But say
Speaker 10: we run an auction, I don't know, and there's half
Speaker 10: of the buyers have not done building inspections and the
Speaker 10: other half have. Ye, then we have three building inspections,
Speaker 10: we get three different answers. Now, a buyer quite often
Speaker 10: will come to us and say there's a problem from
Speaker 10: their building inspection. But now we've got to work out
Speaker 10: what's the true case. So we get the vendor to
Speaker 10: check it. Also, they're builder to check it, and then
Speaker 10: we've got to make a decision what's the correct representation here.
Speaker 10: And if I roll that back one stage further, and
Speaker 10: everybody who's thinking of selling, I suggest this, before you
Speaker 10: go to markets the vendor, get a builder to check
Speaker 10: your property. Right, like one of your buyers is going interesting, Yeah,
Speaker 10: So why engage your agent? Why spend six seven eight
Speaker 10: thousand dollars in marketing to get tripped up?
Speaker 5: Yep?
Speaker 10: Just get a builder through for your own benefit. Yes,
Speaker 10: so you've got confidence to go to market.
Speaker 2: Just on that. And we've got to take a break
Speaker 2: in a second. But I remember a couple of years
Speaker 2: ago I was asked to do a building condition report
Speaker 2: on a property that was about to go to market.
Speaker 2: The intention was that the vendor would then have that
Speaker 2: available for anyone who was interested in the property as
Speaker 2: a purchaser. Would you accept a building report that you
Speaker 2: didn't commission.
Speaker 10: No, because you've got you've got no redress, you've got
Speaker 10: a party to that. You know there'll be disclaimers at
Speaker 10: the bottom. So yeah, and agencies do it a little
Speaker 10: bit differently. But the trickis I really like, is the
Speaker 10: vendor does it for themselves? Yep, And if there's anything
Speaker 10: that they need to sort out, they sort it out.
Speaker 5: Yes.
Speaker 10: And when a buyer asks, you know, has the vendored
Speaker 10: on a building in specially, we say yeah, absolutely for
Speaker 10: their own benefit. And they found I can think of
Speaker 10: one right now. They found there was an issue with
Speaker 10: this flashing. Yes, it lifted in the storm, but a
Speaker 10: water got in the flashing up there that you can
Speaker 10: see has been fully repaired and that's the integrity of
Speaker 10: the flashing. And when you go to buy it, you'll
Speaker 10: do your own building inspection. So that to me, that's
Speaker 10: a really a nice loop there that's closed off.
Speaker 6: Yeah.
Speaker 2: Okay, Wayne doesn't know this, but I've had so many
Speaker 2: texts t I'm going to just We're going to do
Speaker 2: like twenty questions and five minutes after the break back
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Speaker 2: News talk z b Right he oh Wayne Maguire from
Speaker 2: Ray Whites in the Base in the Eastern Base around
Speaker 2: Mission Bay and that sort of thing. We've got you
Speaker 2: for another four minutes. I'm going to hate you with us.
Speaker 2: We've got so many Texas is great? Right, Oh, here
Speaker 2: we go. Please ask the real estate guy that you
Speaker 2: wang what they mean when they say plus GST.
Speaker 10: If any okay, So that's quick fire answers. That's on
Speaker 10: the contract that sits there inherently. If it's a Rizzi
Speaker 10: property residential, then it's fairly well. I'm not going to apply.
Speaker 10: No agent's going to answer that if the vendor is
Speaker 10: What they'll answer is if the vendor is registered for GST, Yes,
Speaker 10: and the buyers registered for GST, then yes, it will apply.
Speaker 10: We will always direct everybody back to their accountant and
Speaker 10: to their lawyer. It scares us too.
Speaker 2: Okay, all right? A question? Should the vendor advise if
Speaker 2: someone has passed away in the home?
Speaker 10: Yeah, if it is. If it's a violent event, then
Speaker 10: the answer is yes. If it's sensitive to the buyer,
Speaker 10: then yes.
Speaker 2: Right Okay. Someone has suggested must have end or disclose
Speaker 2: a proposed motorway that will pass approximately five hundred meters
Speaker 2: from a property for sale.
Speaker 10: They should the end, the buyer should right sorry. The
Speaker 10: agent should absolutely and the buyer when you as your
Speaker 10: due diligence you're building inspection, you'll also request a limb.
Speaker 10: You should be looking for that sort of detail sitting
Speaker 10: in there too, Okay, absolutely, and sorry. An agent should
Speaker 10: be aware of something like that, right.
Speaker 2: It's putting a lot of responsibility on the agent.
Speaker 10: Absolutely, they've got to be very very careful, very diligent,
Speaker 10: and they've got to know the area. So now now
Speaker 10: agents that try and sell out of area, yes, they've
Speaker 10: got to be careful.
Speaker 2: Absolutely. Text from Paul. If you put as is clause
Speaker 2: in the sale and purchase agreement, does this cover you
Speaker 2: for any previous problems?
Speaker 10: It's a very good practice, Paul. Do that cross out
Speaker 10: the vendor warranties that are in there and make it
Speaker 10: absolutely clear as is we're as we're selling a property
Speaker 10: like that in Mission Bay right now, as is, we're
Speaker 10: as no warranties and no representations because we're not aware.
Speaker 10: But we're saying this clearly is a property where it's
Speaker 10: as as we're.
Speaker 2: As right, Okay, And I mean that's okay, isn't it?
Speaker 2: Because if you're looking to buy a do up, then
Speaker 2: the fact that it's unconsented or falling down or whatever.
Speaker 2: As a purchaser, that's what you're after.
Speaker 10: One hundred percent. And okay, so I'll be at that
Speaker 10: one this morning. I was there last Sunday on the opens.
Speaker 10: People that came through that look like qualified builders. You know, yep,
Speaker 10: you guys have got a bit of a look to
Speaker 10: you better. Yes, they were cool, you know, so they go, Yeah,
Speaker 10: I'll come back and have a look during the week.
Speaker 10: People that came through, like first home buyers looking for
Speaker 10: a renovation or redecoration. I said, I think this is
Speaker 10: probably too much. Go and find an easier one, so
Speaker 10: we give that's the duty of care to the purchaser.
Speaker 2: Okay, someone's about to replace a twenty year old deck
Speaker 2: on an exclusive use area of my cross lease property.
Speaker 2: The deck is not on the plan, but does not
Speaker 2: have an overhang and is under one meter off the ground.
Speaker 2: My lawyer said, I do not need to add it
Speaker 2: to the site plan or get a building consent. It's
Speaker 2: probably right about the building consent. But what's the issue
Speaker 2: with decks being added to properties that are on a
Speaker 2: cross lease because someone else has said it's not enclosed
Speaker 2: or attached. Ye, therefore you don't have to addit to
Speaker 2: the site plan.
Speaker 10: Yeah, I'll give you. I'll give you a check answer.
Speaker 10: And this is the way law works. It is the
Speaker 10: vendor's lawyer will have one opinion and the purchas's lawyer
Speaker 10: might have another one. Yeah, so I think refer back
Speaker 10: to your lawyer. If your lawyer is pretty cool with that,
Speaker 10: I think you need to run with that. They they're
Speaker 10: the experts on titles. Yeah, okay, we would look at
Speaker 10: it and we would say, okay, I think we need
Speaker 10: to check this. Yes, absolutely, I'd be careful around that one.
Speaker 2: This tricky one. A real estate agent told me last
Speaker 2: week that if I did a builder's report for my house,
Speaker 2: which I'm planning to sell, that somebody buying my house
Speaker 2: could then buy the builder's report off me. Is that true?
Speaker 10: There's building companies that do that. So they say, hey, Pete,
Speaker 10: i'll pick a number here. It won't be this number.
Speaker 10: They say, hey, Peter, I'll charge you five hundred bucks
Speaker 10: on the basis that it should have been about one
Speaker 10: thousand dollars report. But anybody subsequent, any of your purchases,
Speaker 10: can buy it off. My company also a building company
Speaker 10: for two point fifty yep, so I have seen that done.
Speaker 2: Yeah okay, But again it goes back to our issue
Speaker 2: we were talking about earlier about you know, if you're
Speaker 2: a vendor and you get your own building report, should
Speaker 2: a purchase you know, how confident would a purchaser be
Speaker 2: that it's correct. You'd be suspicious, wouldn't you? Well, not suspicious, but.
Speaker 10: Which Okay, So the builder doing it for the vendor,
Speaker 10: I'm just checking that everything's kosher and that we should
Speaker 10: be able to proceed and we're not going to get
Speaker 10: tripped done. The builder doing it for the purchaser is
Speaker 10: probably looking deeper and longer, right, okay, So say a roof,
Speaker 10: We're looking at a roof going okay, well it works
Speaker 10: right now, but you might have to replace it in
Speaker 10: ten Okay.
Speaker 2: Last question, what would you do if there was an issue, example,
Speaker 2: some minor flooding, You fixed it by adding drainage, waterproofing, recontouring,
Speaker 2: and it never happened again, would you still disclose the.
Speaker 10: Original per That's that's a great example. Hey guys, we
Speaker 10: had some minor floating on the property. Here's the remedies
Speaker 10: that were in place. Yes, and it hasn't flooded again.
Speaker 10: That's exactly what it should sound like.
Speaker 2: That's brilliant. There we go, brilliant, Oh, fast and furious. Awesome, Wayne,
Speaker 2: thank you very much for coming to the studio. I
Speaker 2: really appreciate great seeing you. Right, we're going to take
Speaker 2: a short break. Then we've got ridd in the garden
Speaker 2: in just a moment
Speaker 1: For more from the Resident Builder with Peter Wolfcamp, Listen
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