Terms and Conditions

Terms and Conditions – Shani Kumari (in partnership with Arizto Limited)

These are the standard terms of engagement for Shani Kumari, a licensed real estate professional operating under Arizto Limited (Arizto), a fully licensed New Zealand real estate agency (Licence No. 20073947) under the Real Estate Agents Act 2008 (the Act). For the purposes of this agreement, “we”, “us”, or “our” refers to both Shani Kumari and Arizto, including their employees and contractors.

1. Your Agreement with Us

These terms, together with the Listing Details, form your agency agreement (the “Agreement”) with Shani Kumari and Arizto. The Listing Details include:

  • Property address and legal description

  • Method of sale and target price

  • Chattels included

  • Tenancy status and known defects

  • Seller contact details

  • Confirmation of authority if not all owners are signing

“You” or “your” refers to each Seller named in the Listing Details.

2. Legal and Ethical Compliance

Shani Kumari and Arizto operate in accordance with the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012. A copy of the Rules, along with government-issued guides for agency and sale & purchase agreements, will be provided and must be acknowledged by you before signing.

3. Independent Advice

We encourage you to seek independent legal and/or technical advice. You confirm that Shani and Arizto have:

  • Recommended legal advice

  • Ensured you are aware of your right to seek other expert advice

  • Given you time to obtain such advice

4. Agent Appointment

You appoint Shani Kumari (through Arizto) as:

  • General Agent: Commences on the Agreement date and may be cancelled by giving 7 days’ written notice.

  • Sole Agent: Valid for the exclusive term specified in your Agreement.

5. What’s Included (Our Services)

Shani Kumari, through Arizto, will:

  • Market your property across all major NZ real estate sites

  • Arrange and host viewings

  • Provide professional photography, videography, floor plans, and copywriting

  • Secure a rental appraisal and Certificate of Title

  • Install a “For Sale” signboard

  • Provide seller dashboard access and full office support

This includes all real estate agency work under the Act.

6. Fees & Expenses

  • Auction marketing incurs an $800+GST non-refundable fee

  • A $200+GST relisting fee applies if the property is re-marketed within 90 days of withdrawal

Shani and Arizto do not accept nor receive third-party rebates, discounts, or commissions for services.

7. Commission

A standard commission (plus $650 admin fee) applies, with a minimum of $11,000 + GST.

Commission is payable if:

  • The property is sold or exchanged through Shani/Arizto during the agency period, or

  • Sold to a buyer introduced by Shani/Arizto within six months of agency cancellation.

You acknowledge that you’ve been advised of the risk of paying commission to multiple agents if multiple agreements exist.

8. Deposit Handling

Deposits will be held securely by Public Trust via the NZ Real Estate Trust (Safe Kiwi Ltd). You agree to their terms and authorise commission to be paid from the deposit.

9. Method of Sale & Appraisal

Your preferred method of sale is outlined in the Listing Details. You acknowledge receipt of a realistic, market-based appraisal supported by sales data or explanation if no comparables exist.

10. Disclosure Obligations

You must not direct us to withhold information about any known or suspected hidden defects. If such instruction is given, Shani and Arizto will immediately terminate the Agreement in accordance with the Rules.

11. Use of Marketing Materials

You give permission for any media created (photos, videos, floor plans, etc.) to be reused by Shani Kumari and Arizto for future marketing purposes.

12. Complaints & Disputes

Arizto’s in-house complaints process is available at www.arizto.co.nz. You can also file a complaint directly with the Real Estate Authority at www.rea.govt.nz.

13. Notices

Notices and documents may be sent to you or your solicitor by hand, post, or email. They are considered received:

  • Immediately (by hand)

  • After 3 business days (by post)

  • When sent (by email)

14. Health & Safety

You agree to:

  • Disclose all known hazards at the property

  • Comply with any actions required to protect visitors

  • Support our compliance with the Health and Safety at Work Act 2015

15. Confidentiality & Privacy

All details provided are confidential unless:

  • Disclosure is legally required or agreed in writing

  • Used internally for administrative purposes

  • Needed for complaint or legal response

16. Warranties & Indemnities

You warrant that:

  • You have authority to sell the property and sign this Agreement

  • All information provided is complete and accurate

  • You indemnify Shani and Arizto against any losses from misrepresentation

17. Electronic Consent

You consent to receiving and signing this Agreement and related documentation electronically. Electronic signatures are legally binding.

18. Termination of Agreement

The Agreement ends:

  • 7 days after written notice (General Agency)

  • At the end of the sole agency term

  • Immediately if we are instructed to withhold key defect information

Termination does not affect any commission due or obligations already incurred.