Auckland Dispute Lawyer

What Recourse Does A Consumer Have When Products Bought Are Not As Advertised

Craig Andrews
Craig Andrews

There is nothing more frustrating than buying products whether it is online or at a local store and you don’t get what was advertised. Perhaps for weeks you’ve been seeing this particular item advertised on sale, and now you are ready to go make the purchase. You bring the item home, open up the box and it is nothing like you expected it to be.

When you get products that are not as advertised you either contact the company to get your money back or you get an even exchange. In some cases the company is not willing to do anything, then at that point you are mad, frustrated and looking for a way to make this business understand that what they did was unacceptable. You can talk to the CAB about your options – they are vey helpful.

The simplest way to get back at a company and let them know you are never buying from them again is to review the product online. You can usually tell what a company is like by the amount of bad reviews they get online. This is why it is so important for consumers to take an active role in the process when they feel like they have been badly treated by a company. However, even after leaving a fair review, you are still left with the faulty goods or service.

The worst is when you call the company and the customer service agent is rude or does not answer your query. The conversation ends up going nowhere. While this process may be frustrating, remember that a company cannot decide to avoid its obligations under the Consumer Guarantees Act. Even if they have a statement on their terms and conditions about that, it is of no use; they are still liable.

Another thing a consumer can do is if you bought the product using a credit card, then contact their credit card company and tell them about the transaction. It may be possible that you can get compensation via the credit card company.

For lower-priced items it might just be a case of “buyer beware” and decide to not buy from that company again. However for more expensive items, you may want to take this further for example by contacting an Auckland consumer affairs lawyer.

A lawyer will be able to explain your rights and the supplier’s obligations. A good Auckland dispute lawyer will tell you if it is worth pursuing the claim bearing in mind the likely costs of the case. Often, a letter from a solicitor will produce the result you want so your costs may not be too high anyway.

So if you have been supplied with faulty goods or services, then contact a consumer affairs or dispute lawyer in Auckland. A firm like McVeagh Fleming has a team of specialist lawyers who can help you. You can get some more details from their website here

Mt Eden house builder

Factors To Consider When Looking For A Builder For Your Mt Eden Home

All of us have that dream house that we want to live in some day. But dreaming about the home as you are about to find out, is just a tip of the iceberg. So, you have worked hard enough and managed to set aside adequate funds for the construction of your new home by a Mt Eden house builder. At this point, you really have just one more

hurdle remaining; how to select a building company that will ensure you realize your dream home.


Once you have settled on a credible construction company, all other things will be a walk in the park for you. This article provides the reader with amazing tips that should guide your decision to settle on a construction company from the many available. Let’s dig right in, shall we?


o             Have A Clear Visualization Of You Dream Home


You will find that most home construction firms specialize in the design and construction of specific types of homes. As such, it would be totally up to you to shortlist the firms that specialize in the construction of your dream home. Given that what you want is a fancy home to match the lifestyle you are currently living, you must be very clear about the specifics of the design and your price ranges.


o             Experience


The experience that a home building firm has is another key factor to consider. While many flattering offers will be

Mt Eden house builder
Image jcraigotton

made to you, your decision should be based on the experience that each building firm brings. Going by this, you should not be duped into believing that older firms imply experience as even the newest firms have been established by individuals who have had a long experience in this trade.





You should assess the experience of the builders themselves and not just the company.



o             Licensing And Insurance


With your dream home, you really can’t afford to take any risks. Due to this, I highly recommend that you verify that the particular company you are interested in is properly licensed to provide construction services. You wouldn’t want quacks spoil your dream home, right?



Checking that the building company is insured is also a great way to ensure that you will not be incurring any other additional costs apart from the obvious ones. Any construction site is prone to all manners of accidents. A building company that is insured will absolve you of any liabilities resulting from such accidents.



o             Warranty


Warranty here should be approached from two different but closely related perspectives; warranty for the various fittings as well as the warranty for the job itself. The good thing with new homes is that they come with everything new. The Mt Eden house builder that you choose will probably be the same place where you will get your construction equipment from.



The company should provide you with written a written warranty for any equipment purchased from them. The warranty may cover the job, or another one can be acquired independently for the work.



o             Resale Value


In order to determine whether or not a builder is up to the task, it is vital that you determine the resale value of

House builders Mt Eden

homes that the builder has previously worked on. You will find that, due to good workmanship, the resale value of some homes surpasses the cost of construction.





Very little can be said of homes that were built by builders who had no clue of what to do.



o             Professionalism


The distinction between a good builder and a not so good one, is mainly obtained on the basis of their professionalism. How well do they relate to clients? Are they able to solve address arising issues in a professional way? Does the company listen to your opinions and offer professional advice?



If the answers to these questions is negative, then you need to keep looking for a building company.



o             Industry Involvement


The level of commitment that a home builder has towards the industry is yet another thing you should greatly consider looking at. Does the builder or company belong to the local home builders association or any Master Builders Association for that matter? Does the company have good relations with other stakeholders in the sector like suppliers for construction materials?


In conclusion, the above are the main factors that you should be looking for in a Mt Eden house builder for your new home. One house building company in Mt Eden is Repair and Restore. You can find out about them here

Ellerslie property listing

Real estate for sale in Ellerslie – why you need an agent on your side


You may be looking to buy or sell a home and have been wondering why you need to involve a third party in the Mark Tungwhole deal. Some people have managed to sell their home by themselves quite successfully but it is only a small percentage; many others end up selling their homes for less than they are really worth since they do not have the range of contacts for people looking to buy property. So if you are looking for real estate for sale in Ellerslie here are some of the top reasons why you should consider hiring a professional real estate agent.


For starters, you do not have or ever need to know all the nitty-gritty that goes in the selling and buying of real estate if you hire a real professional. The trick is to find the right who has more experience and education than you to do the job for you. At the same time, you will save yourself some valuable time something you would not benefit from if you decided to do the job for yourself.


Agents also act as a buffer screening all those who request showings of the property and visits at times which are not convenient. They will handle the open homes or private showings if necessary. When you are the seller, your agent will be in a good position to tell which buyers are serious about the property and pursue them to make better offers.


You will be amazed by the amount of intimate knowledge agents possess about the industry buzz of your own neighbourhood. They are able to compare accurately sales of similar properties within the area and hand over the facts to you as the buyer. They are helpful in leading you to the right sources of information covering vital statistics like crime, schools, and demographics.


Contrary to common belief, these agents do not set or select the prices at which buyers and or sellers settle for real estate for sale in Ellerslie. The final decision is made by the buyer and the seller; the agents are only there to guide their clients into making the right choices. In most cases, the agent will only receive a percentage of the sale as commission, and it is their task to study the market supply, and demand conditions, to identify the best negotiation approach.


Agents are in a better position to understand and expertly interpret the market conditions that govern the selling and buying process. Some of the data required to make it a success include the median and regular sales prices, the regular cost of per square foot in similar premise among other information.


The agents are probably some of the best information sources when it comes to selecting other professionals who you can get in touch with to provide important services. Recommendations are most often of individuals and companies they have worked with before such as lawyers, furniture moving companies and even house renovation companies. Legal liability, however, prevents agents from recommending certain service and product providers over others.


In short, hiring the services of a real estate agent provides a buffer between you and the market, has neighbourhood knowledge, and is an individual with specialized education and experience. They also provide guidance when determining price, market conditions information, and professional networking that will be of particular advantage to you. It is said that one of the smartest decisions you can make is to hire an individual like Mark Tung real estate agent, who is well-versed in real estate for sale in Ellerslie.

Ellerslie Property Listing


Tips For Selecting A Real Estate Agent For Ellerslie Property Listings

The market is full of real estate agents. Some are smart, focused and efficient while others are not. An agent is crucial in the process of selling a house therefore it is important to make sure that you completely assess a real estate agent before you make any commitment. You need to find an agent who will provide you with the best deal in the market and within a reasonable time span for your Ellerslie property listing.

When assessing a real estate agent many people tend to choose agents that charge them the lowest commission or those that suggest the highest price for their property. Note that these two criteria are not the best guides when choosing a good real estate agent. Here are red flags to watch out for. They include;

– Agents who are family friends or family.

– An agent who suggests the highest price in the market.

– Low commission agents.

– An agent who is not familiar with the Ellerslie neighbourhood and with your line of property.

– An agent who is a poor negotiator.

For potential success in the sale of your property, there are things that you need to consider in an agent before you decide to hire one. Below are ways through which you can identify the right real estate agent for your property listing.

Mark Tung1. The agent’s credentials

By law, an agent must be fully certified and licensed to operate in New Zealand. But that only shows they have passed the NZ Real Estate Institute exams; it does not guarantee a high quality service. For that you will need to check their performance record and testimonials. Check whether the agent has had any disciplinary actions or complaints in the past.

2. Talk with recent clients of the agent

Ask the agent to provide you with a list of clients they have served in the last year. Talk to these clients and inquire about the quality of service that they received. Previous client’s testimonials can be of great help in selecting the right agent. Negative testimonials are a red flag.

3. The mode of marketing

If an agent plans to run a few simple ads on the Internet and in the local papers, then this is not an agent that you should consider hiring. A great agent will diversify the marketing of your property and will explore all fields when marketing your property. Ask if they have a database of prospective buyers.

4. Experience at selling property listings in Ellerslie

A good agent should be well equipped with details regarding property sale. Even though they have passed the REINZ exams, the best way to become proficient is through experience. You might want to consider going for a proven real estate agent, someone like Mark Tung, who is experienced in dealing with property listings in Ellerslie. This is because, over the years, they have developed the skills and the technical know-how to manoeuvre in the Auckland property market.

5. How much and at what fee

Never be tempted to go for an agent that charges you a low fee. After a thorough scrutiny, you are likely to find out that an agent has charged you less due to; lack of experience, poor effort and unwillingness to go to an extra mile.

For more information about Ellerslie property listings, you can go to this website

Parnell Villa Renovations

Double front villa

Villa Renovations – Parnell Specialist Builder

It is an adventure buying an old villa, but it stops when you find out how much work it needs so it can become livable. This is the moment where you will need to hire a villa renovation specialist that will help you restore it. He perfectly understands what needs to be done and what to avoid, without complicating things and causing even higher expenses. He also has the necessary knowledge and commitment that will guarantee a perfect result.

Restored villa in ParnellAnother great reason why you should hire such a professional is that they have an entire team available that can finish the job quickly (as quickly as a maor house renovation can be finished), without mistakes and within the budget. Trying such a project with the help of your friends, will take you years to finish, that is if no other problems suddenly appear, that will leave the project abandoned. This is a very common problem with renovating old villas as there are so many hidden issues that only come to light during the construction process.

You should also know that hiring a professional builder will assure you that the project will be finished to a professional level, and even though you may think that you have friends that can do the same, nothing compares to a contractor. A pro is hoing their skills every day and can meet time and budget pressure, work to a much higher standard and knows what it tales to work to deadlines. A skilled villa renovation builder will transform a low value house into a luxurious one allowing your house to regain its former beauty and glory.

Another reason for using a specialist villa renovation builder is that they are insured for any damage caused to your house. If you decide to do the job yourself, you will be liable for any damage that may occur while working, thus increasing your costs significantly. A builder will make the necessary repairs without costing you anything.

The final reason for hiring a Parnell villa renovation builder is that his experience has taught him to spot the areas that need repairs. Knowing this will determine how it will affect your home during the rebuild process and what are the necessary works that need to be done, without carrying out any unnecessary work or useless additions.

Even if it is exciting to buy an old villa, do not try to do all the restoration work by yourself, as it is not an easy job to do, and it requires a professional builder. You can easily cause damage to the house, that will end up causing you serious financial loss.

Deciding to hire a builder like Repair & Restore, you can rest assured that your villa will return to its old charm and gorgeous historical atmosphere.

Ellerslie Real Estate Agents

Real Estate Agents and How They Can Help


What are real estate agents and what exactly do they do? If you’ve ever been involved in purchasing or selling real estate, or even looking around for new property, then you have most likely dealt with a real estate agent. Knowing exactly what real estate agents do however is something that many people simply don’t understand. They think that an agent simply shows people around a house and introduces potential buyers to the home. But good real estate agents do much more than this.

A real estate agent is professional who is specifically trained in helping property buyers meet and communicate with property sellers.

For people and businesses who wish to sell their property, they can provide a real estate agent with property details, keys, and any other necessary information so that the agent is able to show their property to potential buyers without ever having to bother the seller of the property.

On the flip side of the coin, the individual or group that is interested in purchasing the property is able to get all the information needed in order to make a purchase without ever having to bother the seller and working exclusively with the real estate agent.

In a nutshell, the real estate agent acts as a central information hub between the buyer and seller, who provides all of the information needed to make the sale a success and ensure that the buyer is satisfied with their purchase.

Why is this? Normally, real estate agents know their own area better than anyone else. They are able to quickly find quality properties for potential buyers and easily find potential buyers for people who are wanting to sell their property. Not only that, but they also understand exactly how much each type of property is typically selling for in their area and are able to negotiate great deals for both buyers and sellers.

A good real estate agent like Mark Tung, can typically get several thousand dollars more for property sellers. On the other hand, great real estate agents are also able to help potential homebuyers determine exactly what they need. They then provide suggestions and other tips so that they can help them find the best property possible that fits within their budget.

Typically, real estate agents will charge a commission in order to provide their services to both parties. Once a property sells, a real estate agent will charge the seller their commission rate that is then paid by the seller’s lawyer directly to the company that the real estate agent works for.

Normally, these commission rates are calculated as a percentage of the final sales value of the property and it is clearly agreed upon, in a contract, prior to the real estate agent trying to find buyers for the property.

By making property buyers happy as well as getting the most money for property sellers, real estate agents are able to establish themselves with a good reputation and ultimately more business in the future.

The important thing to remember, however, is that if you are looking for a home to buy you need to keep in mind that real estate agents normally work for the seller. With that said, have a little bit of caution if the agent you are working with is trying too hard to make a sale.

Mark Tung real estate agent

Tips On Shopping And Caring For Jewellery

Shopping for jewellery? Not sure what to pick? Well, this article is for you. If you are out in the market trying to find a piece of NZ jewellery for you, your mum, for a friend or for someone you love, here are some tips that will help you in making a selection on what to pick and what’s best.

Diamond ring NZWell, if you are out buying jewellery for someone you value, a friend or someone you treasure, then as a practical tip, ensure you always keep the receipt as it is very difficult to get it right when it comes to jewellery. It is indeed very hard to understand a person’s style and so do not be disappointed if they do not like it. By keeping the receipt, you would have allowed them the chance to take it back and exchange it for something they would wear more.

Quartz, amethyst and several other stones can increase the value attached to a ring, brooch or necklace look lavish and magnificent by bringing a feel of exceptionality and class. These gems with glossy colours look very attractive especially when reflected onto yellow gold backgrounds. The trend has been changing a bit lately with more jewellery designers preferring golden backgrounds with a bit of pink.

If you have an unlimited budget, you can go for larger amounts of beads, chains, fasteners etc You can get a discount if you buy in larger quantities and in the long term you will realise you spend less on jewellery but be careful and make sure you pick includes jewellery that can be incorporated into a larger variety of styles and designs.

Store your jewellery by wrapping each piece in a piece of velvet cloth before putting it into your jewellery box or jewellery case. By doing this, you will protect softer gemstones from getting scratched by the harder gemstones and metals. It also prevents your jewellery from becoming a tangled mess and the velvet will keep them from excess moisture.

If you are shopping for unique pieces, go for complete sets as much as possible if you can find them. This is because, for unique pieces, it is a bit hard to find other pieces that you can use to complement them. Getting yourself a complete set of jewellery will make it easier for you to give them out as gifts one after the other over a long period.

In case you already have quite a large collection of jewellery, take pictures of them, write short messages about each piece and them keep them in your records. This will help you bring back memories later and with the description you will be able to get a new one if it gets lost or is stolen. It is totally worth it.

Ensure you thoroughly clean the gold. As much as gold does not tarnish or rust, it is still necessary to clean it. Avoid using harsh chemicals for cleaning as this is likely to remove any lustre or shine, simply use a soft piece of cloth. Wet it and use it to remove any dirt. For hard to reach areas, you can use a toothbrush with soft bristles. Use it with warm soapy water.

Well, now you have the tips and tricks for shopping. Whether it is a handmade piece of NZ jewellery or an expensive gem, care for it and it will last for years.

For more tips and some fabulous pieces of NZ jewellery, try this website Orsini is based in Auckland but they can ship jewellery anywhere in NZ.

Buy & Sell Agreements

The Importance Of Buy & Sell Agreements For Small Businesses

Commercial lawyer in Albany
Geoff Baxter

For the purposes of this article, picture that you are in a partnership with someone and own a small business together. Your business is all set up legally according to the laws of business, and you and your partner pay taxes; everything is fine, right? Imagine your partner certainly goes through rough personal circumstances, such as getting a divorce or having to declare bankruptcy. What can you expect to happen when it comes to his part of your business? In a divorce, does it end up being given to his ex-wife, or perhaps the children? You have probably have many questions when pondering this scenario. Does this mean that the business is worth less money, or do you simply get to own the whole business now? How is your business protected, and what does this mean for you when these types of situations occur?

This is where the Buy & Sell Agreement stands in to help as sort of a prenuptial agreement of sorts. This type of agreement determines that happens when these unforeseen situations arise, such as the bankruptcy or divorce mentioned earlier, and additionally retirement, death and more. Essentially speaking, it covers all circumstances surrounding an owner leaving a business, whether by force or personal decision. With a Buy & Sell Agreement in place, the choice is made concerning the details of an owner selling his business share during these unforeseen circumstances.

Each Company Needs One

Each and every company out there needs a Buy & Sell Agreement in place. It should be created to fit each business uniquely, as every business has different needs. For instance, a provision can be made for the partner to be able to buy the person out of the business himself when these types of circumstances arise. There can also be a provision made for insurance to pay when something happens or even name a potential buyer.

Business woman and clientAnother important aspect of this type of agreement is that it can prevent partners from selling their business share to people that you wouldn’t agree with. In the instance of a divorce, it could be that the partner’s spouse gets their share of the business, that is unless you have put a Buy & Sell Agreement together beforehand.

These agreements can be helpful when it comes to other types of circumstances as well. For example, imagine your partner decides that he is burned out and wants to sell. The Buy & Sell Agreement can dictate who is eligible to buy the partner’s share, including whether or not you have the option of buying.

You can see now how the Buy & Sell Agreements are vital to the foundation of a business. They should be a part of your original business plan. All types of businesses benefit from these Buy & Sell Agreements, and the benefits mentioned here are just the beginning.

It is imperative that you talk to an experienced business law firm for Buy & Sell Agreements for your own peace of mind. For companies in Albany on Auckland’s North Shore, McVeagh Fleming is among the leading law firms in the area. There is more about them on their website here

Contract Breach Lawyer in Auckland

Explaining a Breach Of Contract

Elyse Moore
Elyse Moore

A contract is a legal document that binds to parties to a legally enforceable agreement. The obligations of each party is laid out in the contract; one party may be committed to paying a certain price and the other to providing a particular service or product. If one party fulfils their legally binding duties even though the other party has been negligent in their commitment, the first party will be entitled to legal relief.

Breach of contract is the term for failure to fulfil the promises or commitments specified in the contract. Contracts can be breached in the following ways:

  • One party does not fulfill their duties as specified in the contract.
  • One party orchestrates an action to make it impossible for the other party to fulfil their duties.
  • One party makes it understood that they do not intend to uphold their side of the contract.

Written Contracts and Oral Contracts

Generally speaking both oral and written forms of contracts are legally enforceable, however it is always a better idea to have the details of the contract printed on paper to settle any disputes that may arise in the future. When it comes time to dispute oral contracts both parties can remember different versions of what was said and understood from the agreement.

Breach of Contract Damages Award

When a contract is breached the party that has fulfilled the terms of the contract is entitled to a number of remedies for the breach of contract. The most common form of remedy provided for the party that fulfilled their duty is awarding damages. This damages award is to compensate the party for any expenses related to the breach of contract. Damages awards may include:

Consequential Damages -This award demands that the breaching party compensate the non-breaching party in the amount they would have gained if the contract had been fulfilled as planned.

Punitive Damages- Courts can force a party to pay an amount as a penalty for breaching the contract.

Liquidated Damages – Both parties agree when the contract is signed that if either party breaches the contract they must pay the non-breaching party a specified amount of money. The details and amounts are agreed upon at the time of the signing.

Nominal Damages – This minimal amount of compensation is granted to the non-breaching party if they win the case but do not financially lose anything.

Breach of Contract Equitable Remedy

In certain claims of breach of contract, damages awards are not applicable by law or are inappropriate in some other way. In these situations, a court may respond by ordering one of the parties to take remedial actions to resolve the dispute. These are called “Equitable Remedies” and can include.

  • Specific Performance – This when the court requires a certain party to perform their duties as outlined in the contract. This is not always afforded by a court.
  • Rescission – This when a court revokes the contract or acts as if it never existed. In this case, neither party will be required to fulfil their required duties. If one of the parties has performed their duties then the court does its best to restore this party to the position they were at before the contract.

Time Limit for Filing a Breach of Contract

The time limit, known as a statute of limitations, varies depending on when the breach occurred but in general must be within six years. This is the time period in which people can file a lawsuit for a breach of contract. If a party hopes to be compensated for a breach and seeks remedy awards they must file their case within this time frame or their case will be dismissed. The statute of limitations varies from state to state.

Breach of Contract Lawyers

Contract law is complicated affair. Consulting a reliable business lawyer can help you to identify the particulars of defining breach of contract and how you can be best prepared for such a situation. Furthermore, a qualified lawyer can help you to look at a contract from a legal perspective help you negotiate the terms and advise you against potential problems. Having a local contract lawyer in Auckland to advise you with the original signing of a contract can provide a measure of security against future disputes.

However, if something does go wrong then you need to meet your lawyer for breaching of a contract to resolve the dispute. In central Auckland, McVeagh Fleming has a large specialist team who can give you some help. Contact them via their website and they will be able to give you definitive advice on your case.

Commercial Stock Footage Licenses

What Can You Do With Commercial Stock Footage Licenses?

Commercial Stock Footage Licenses
Commercial Stock Footage Licenses

If you are keen to use stock photos and videos, then you probably already know that these items do not always come for free. Sometimes, especially when you need something of quality, you need to pay for a commercial stock footage license.

Thankfully, there are many websites out there that specialize in stock footage and pictures, which means that you have a lot of choices, not just in terms of the material you can download, but also their price range.

When you purchase stock footage from stock video sites, you are licensed or have the authority to utilize it for your projects within the ways referred to by each clip’s license. Release status also determines how clips might be used.

Royalty-free clips might be employed for a limitless quantity of projects and mediums, for limitless duration, worldwide. The benefits of royalty-free clips are flexibility and convenience.

Rights-managed video material are licensed to use per project, based on a mix of medium (for example TV program, advertising, or film), usage (for example theatrical or festival uses), scale (region or audience), and duration (for example, twelve months or for the lifetime of the project).

Whenever you buy a license for a rights-managed clip, you might request usage history, permitting you to be sure that your clip has been utilized in an authentic or unique context in comparison to previous usages. Exclusive privileges can also be found, whereby you have the exclusive right to use the material.

Whatever license you prefer, just know that there’s a price for it, but that you always get what you pay for. Obviously, the more exclusive the license, the more expensive the material would be. Just like everything else in life, you only get what you pay for.

As we said earlier, there are many websites where you can buy stock video materials from. For complete licensing information, make sure to read the complete terms of use at stated in a website’s Terms Of Use.

Any commercial stock footage license, whether royalty-free or privileges-handled, also offers a release status, which defines how clips may legally be utilized, according to permissions granted.

Some clips on a website don’t provide model and property releases, or contain identifiable designs, logos, or trademarks. These might be utilized in editorial contexts only, for example documentaries, non-fiction shorts, or news. You can also use them in professional television as well as web-based advertising and marketing work. You can also use them in corporate promotions, video tutorials, video editorials, documentaries, internet sites, games and also mobile programs.

If you are going to use commercial video footage material, you will want to use a website that provides high-quality footage. Remember that these materials cost money, you will want to make sure you are using only material that you can use. Stock Giant is a newcomer to the commercial stock footage market but already they have thousands of video clips to licence.

There are stock footage websites out there that provide free material. Based on our experience, however, the materials found on these so-called free websites are totally bad and totally useless. It’s better to pay for commercial stock footage license, really.