Published 28 March 2019
Appointment of real estate agent — appointment of law firm to undertake conveyancing — interim distribution — sale methodology for sale of home — de-facto relationship. The court was asked to determine which real estate agent should be engaged for the sale of the family home, the methodology to be used in the sale of the home, which law firm should undertake the conveyancing work and whether there should be interim distribution of the sale proceeds. The court agreed with the respondent that the applicant and her real estate agent had not been totally transparent with him, and that he was entitled to that transparency. The court had little faith in the parties' ability to cooperate in the sale of the home and found that an independent real estate agent must be engaged to sell the family home. The court directed that the Registrar consult with the Institute of Real Estate Agents and determine an independent agent, and in consultation with the President of the Auckland Law Society, nominate a firm of solicitors to be engaged. The appointed agent was to determine the methodology of sale to be undertaken and the parties were to sign the necessary documentation. The court declined to order an interim distribution as it found that it was more appropriate to deal with the question of distribution following the sale of the home. Judgment Date: 13 November 2017. * * * Note: Names have been changed to comply with legal requirements * * *
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