What do I have to tell buyers about my house?

Where the obligation comes from

• You must not mislead or conceal. Actively hiding a defect, or answering a direct question falsely, is a different thing from staying silent, and the consequences are real.
• The sale and purchase agreement. You sign warranties in it about the property. Your lawyer will take you through exactly what you are warranting before you sign.
• The agency agreement. It typically requires you to confirm there are no undisclosed defects and that the property has the necessary consents and code compliance certificates for building work.

Settled.govt.nz, the government's own guidance, says sellers should share all relevant information, including issues such as water tightness issues, boundary issues and unconsented alterations, and that failing to disclose serious issues can lead to legal action later.

Your agent's duties are separate

Once your agent knows something, the Client Care Rules apply to them.

• Rule 6.4. A licensee must not mislead a customer or client, nor provide false information, nor withhold information that should by law or in fairness be provided to a customer or client.
• Rule 10.7. A licensee is not required to discover hidden or underlying defects, but must disclose known defects to a customer. Where it would appear likely to a reasonably competent licensee that land may be subject to hidden or underlying defects, the licensee must either obtain confirmation from the client, supported by evidence or expert advice, that the land is not subject to the defect, or make sure the buyer is told of the significant potential risk so they can seek expert advice.
• Rule 10.8. A licensee must not continue to act for a client who directs that information of that type be withheld.

The practical effect of rule 10.8 is that instructing an agent to keep something quiet ends the engagement rather than hiding the problem.

The three that come up most

Unconsented work

Sellers must confirm the property has the necessary consents and code compliance certificates for building work, and must disclose outstanding consents to the agent or the buyer. Work you know was done without consent is a known defect for rule 10.7.

Weathertightness

Where a property may be prone to weathertightness issues because of its age or cladding, the agent should disclose that potential risk to buyers. That is rule 10.7 operating on a known risk category, not on a discovered defect.

Methamphetamine contamination

Real Estate Authority guidance dated 7 September 2026 treats contamination above 15 micrograms per 100 square centimetres as a defect that must be disclosed, engaging rules 6.4 and 10.7. If you have any reason to think the property has been affected, get advice before you list.

How to handle it

Before the campaign starts, write down what you know: work done and by whom, consents, leaks and repairs, and boundary or neighbour issues. Give it to your agent and your lawyer at the beginning. Disclosed early, it is a fact a buyer prices in. Found late, it is a reason to renegotiate or walk away.