Question 1

Is an accepted offer on SmartEstate legally binding?

Accepted Answer

No. SmartEstate offers help buyers and sellers agree commercial terms. Under New Zealand law, a contract for the sale of land generally needs to be in writing and signed. Download Agreed Terms and have your solicitor prepare the formal Agreement for Sale and Purchase.

Question 2

Does the Real Estate Agents Act apply to private sales?

Accepted Answer

No. The Real Estate Agents Act 2008 applies to licensed real estate agents. Private sales between owners and buyers are not regulated by that Act, but other laws still apply, including the Property Law Act.

Question 3

Do I need a solicitor to buy or sell privately?

Accepted Answer

It is highly recommended. A New Zealand property solicitor prepares or reviews the formal Agreement for Sale and Purchase, handles the deposit in a trust account, and manages settlement.

Question 4

How does SmartEstate pricing work?

Accepted Answer

SmartEstate charges a one-time listing fee with no commission and no success fee. You can choose SmartEstate + Facebook, or add Trade Me. Sale plans are based on rateable value bands; rental plans on weekly rent bands.

Question 5

Can landlords list private rentals?

Accepted Answer

Yes. Landlords can list privately on SmartEstate. Tenants can apply using the official Tenancy Services pre-tenancy form. Tenancy agreements can be checked with the AI Document Scanner under the Residential Tenancies Act.

Question 6

How long do listings stay active?

Accepted Answer

Listings stay active until you mark them sold, leased, or withdrawn. There is no automatic expiry date.

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