Ensure you never miss an issue of the
real estate business bulletin
Disclaimer intended to protect property managers

Disclaimer intended to protect property managers

by Reporter 0 comments

A key industry body and insurer have provided a disclaimer to help clarify to owners that building and structural issues are outside a property manager’s purview.

The Real Estate Institute of NSW and industry insurer Realcover drafted the disclaimer to help raise awareness that only qualified and licensed tradespeople and inspectors can offer comments or solutions regarding industry issues such as asbestos, window and glass safety, swimming pools and spas as well as deck and balcony safety.

The Agent Disclaimer (see below) may be included in a property manager’s standard letter that accompanies property inspection reports.

While the disclaimer may help clarify the critical issues property managers are not qualified to comment on, it does not absolve them or their staff from their statutory or common law obligations, responsibilities and duties.

The disclaimer provides an opportunity to initiate a discussion between the agent and owner on how to best manage building and structural issues that can impact the investment.

Agent Disclaimer (drafted by Realcover, the industry insurer)

This tenancy inspection report is a visual one carried out by (insert Agency) to assess the manner in which the tenant is maintaining your property. As your property manager, our role is to manage the tenancy; we are not qualified to assess the structural aspects of areas, including but not limited to staircases, decking and balconies, or to ensure that plumbing, electrical or gas fixtures or fittings, glass windows, doors and balustrades, smoke alarms, asbestos, swimming pool safety barriers (and associated fittings) comply and operate in accordance with applicable building/council codes and/or laws and regulations. The inspection does not include the moving of furniture, lifting of floor coverings, inspecting the interiors of roof spaces, under flooring, inside of cupboards, tenants’ goods or other belongings.

(insert Agency) recommends that all landlords have regular inspections carried out by suitably qualified, licensed and insured contractors and experts in the appropriate areas when necessary.

(insert Agency) also recommends that all landlords hold adequate insurance, including landlords insurance.

[Related: Industry pushes to clarify landlord and tenant responsibilities]

 

Disclaimer intended to protect property managers
lawyersweekly logo
promoted content
Recommended by Spike Native Network
Listen to other installment of the Real Estate Business Podcast
reb top 100 agents 2017

The REB Top 100 Agents ranking is the foremost ranking of agents in Australia. It has set the bar for excellence in Australian real estate. To be ranked as an REB Top 100 Agent is the standard real estate professionals strive for. See the full 2018 ranking here!

featured podcast

featured podcast
An industry where the resilient succeeds

Tim Heavyside believes that a strong support team and good foundations are paramount to success in the real estate industry, and with regu...

View all podcasts

Would you consider working for Purplebricks or a similar 'DIY' model?

Yes (7.2%)
No (80.9%)
Perhaps - make me an offer (12%)

Total votes: 209
The voting for this poll has ended on: July 13, 2018
Do you have an industry update?