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Real Estate Agents Act 2008

Interpretation and application

7: Exemption for lawyers and conveyancers

You could also call this:

"Lawyers and conveyancers are exempt from real estate agent rules when doing real estate work."

Illustration for Real Estate Agents Act 2008

If you are a lawyer or a conveyancer, this section applies to you. You can do real estate agency work, but you cannot get paid by commission for selling land or a business. You can only get paid through your professional charges. When you do real estate agency work, you are not considered an agent and you do not have to follow the rules of this Act. You are considered to be acting as a lawyer or conveyancer, as defined in the Lawyers and Conveyancers Act 2006. You have to follow the rules of the Lawyers and Conveyancers Act 2006. If you are a lawyer or conveyancer, you can work with real estate, but your pay will come from your normal lawyer or conveyancer fees. You will not be treated as a real estate agent when doing this work. You will be treated as a lawyer or conveyancer and will follow the Lawyers and Conveyancers Act 2006 rules.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1151970.

Topics:
Money and consumer rights > Consumer protectionHousing and property > Buying and selling homesBusiness > Industry rules
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6: Persons may not carry out real estate agency work unless licensed or exempt, or

"You must be licensed or exempt to do real estate work."

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8: Exemption for licensed auctioneers, or

"Auctioneers don't need to follow real estate rules to sell land by auction."

Part 1Interpretation and application

7Exemption for lawyers and conveyancers

  1. This section applies to any person who is—

  2. a lawyer within the meaning of the Lawyers and Conveyancers Act 2006 or a person acting under the supervision of such a lawyer; or
    1. a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006 or a person acting under the supervision of such a conveyancing practitioner; or
      1. an incorporated firm within the meaning of the Lawyers and Conveyancers Act 2006.

        1. A person to whom this section applies may carry out any real estate agency work but, in respect of the sale or other disposal of any land or business, is not entitled to be remunerated for that work by commission in addition to, or instead of, the professional charges of that lawyer or conveyancing practitioner.

        2. When any person to whom this section applies carries out any real estate agency work, that person—

        3. is deemed not to be doing so as an agent; and
          1. is not subject to any of the provisions of this Act; but
            1. is deemed to be acting in his or her capacity—
              1. as a lawyer within the meaning of the Lawyers and Conveyancers Act 2006; or
                1. as a person acting under the supervision of a lawyer within the meaning of the Lawyers and Conveyancers Act 2006; or
                  1. as a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006; or
                    1. as a person acting under the supervision of a conveyancing practitioner within the meaning of the Lawyers and Conveyancers Act 2006; or
                      1. as an incorporated firm within the meaning of the Lawyers and Conveyancers Act 2006; and
                      2. is subject accordingly to the provisions of the Lawyers and Conveyancers Act 2006.

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