Ten Questions Worth Putting to the Vendor

Vendors usually know more about their house than anyone else: which window leaks in a southerly, when the roof was last painted, what the previous owners did to the bathroom and why the hallway floor creaks. Some of that knowledge will appear in the listing. Much of it will not, unless someone asks.

In New Zealand, questions are typically put through the listing agent. Agents are bound by professional rules that prohibit misleading buyers and require them to disclose defects they know about, but they can only pass on what they have been told. Written answers are better than verbal ones, and anything important can be built into the agreement with your lawyer’s help, for example as a specific warranty or condition.

The ten questions below are grouped into two sets. Not every one will apply to every property, and some vendors will answer more fully than others. Where a deceased estate, a mortgagee sale or an absentee owner is involved, the person selling may know very little about the house’s history, which makes independent checks even more important.

About the building and its history

  • How long have you owned the property? A long ownership usually means the vendor knows the house well and may remember when major work was done. A short one might simply reflect a change of plans, but it can prompt a gentle follow-up about why they are selling.
  • What work has been done, and was it consented? Ask about extensions, bathroom and kitchen renovations, decks, garage conversions, sleepouts and reroofing. Then compare the answers with the LIM and the council property file. A gap between what was done and what was consented is one of the most common issues buyers uncover.
  • Has the house ever leaked? Ask about the roof, windows, decks and wet areas. A past leak that was properly fixed is not necessarily a deal-breaker; one that was patched and painted over is a very different story. It is also fair to ask whether any area of the house gets damp or mouldy in winter, such as a bedroom wall or the back of a wardrobe.
  • Has the property been reclad, re-piled, rewired or replumbed? These are major jobs. Knowing when they were done, by whom and whether there are invoices or certificates helps you understand what is left to do and what has already been dealt with.
  • Has there been any flooding, subsidence or earthquake damage? Ask also whether any insurance or natural hazard claims have been made and how they were settled. Unrepaired damage can affect your ability to insure the house, and repaired damage is worth understanding too.

About the paperwork and practicalities

  • Are there plans, consents and code compliance certificates for the work you’ve described? Copies make life easier for you, your lawyer and any future buyer. Electrical certificates of compliance and plumbing records are worth asking for as well.
  • What are the typical power bills, and how is the house heated? The answer reveals a lot about insulation, draughts and how comfortable the place is in winter. A house that needs every heater running to stay warm tells its own story.
  • Has a meth test or any other test been carried out? If so, ask for the results and when sampling was done. If not, you may want to arrange your own as part of your due diligence.
  • Are there any disputes with neighbours, the council or a body corporate? Boundary fences, shared driveways, overhanging trees and drainage easements can all cause friction. For cross-leases and unit titles, ask about shared costs and any planned works or levies. Issues of this kind rarely show up in a physical inspection, yet they can shape day-to-day life in the property for years.
  • Which chattels are included, and are they all working? Heat pumps, dishwashers, ovens, rangehoods, garage door motors and blinds should be listed in the agreement. Ask about the age of the hot water cylinder too, since replacement is a common early expense.

Answers to these questions are a starting point, not a substitute for independent checks. Vendors may genuinely not know about a hidden problem, and memories are imperfect, particularly about work done many years ago. A professional building inspection tests what you’ve been told against what can actually be seen, measured and photographed, and it often prompts a few more questions of its own.

Pay attention to how questions are answered as well as what is said. Clear, documented responses suggest a well-kept house and an organised owner. Vague or evasive replies aren’t proof of a problem, but they are a reason to dig further, perhaps with specialist testing or a closer look at council records.

Timing your questions helps. Some are best asked at the first viewing, while others, such as requests for invoices or test results, make more sense once you are seriously interested. Asking everything in one long email right before a condition date leaves little time for the vendor to find documents or for you to act on the answers.

Keep a written record of what you asked and the responses you received. If something turns out to have been misrepresented, that record may matter. And if any answer worries you, talk it through with your lawyer before signing or before your conditions fall due.