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Disclaimer intended to protect property managers

29 April 2016 Reporter

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.

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
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