TRANSACTIONS IN PROPERTY

Evening Post, Volume LXXXVIII, Issue 122, 19 November 1914, Page 9

TRANSACTIONS IN PROPERTY

WORDS OF ADVICE FROM A MAGISTRATE. (BY TELEGRAPH.— SPECIAL TO THS POST.) AUCKLAND, This Day. "There has been an enormous increase," remarked Mr. C. C. Kettle, S.M., at the Magistrate's Court, "in the number-of cases coming not only be* fore this but also the Supreme Court, the majority of which arise out of dis* putes in connection with transactions in property. I feel it is my duty to again draw attention to the frequency of the litigation in this Court between vendors and purchasers, land agents and their principals, owing, in many cases, to the j agreements, etc., evidencing the tran« saction between the parties having been prepared by land agents, without the advice or assistance of a solicitor. It is not, in my opinion, and for many obvious reasons, desirable (and in most cases it can be avoided) that land agents should prepare complicated agreements between vendors and purchasers. Land agents will r I venture to suggest, be acting wisely, and in the best interests of their principals and themselves if they advise their principals and those dealing With them to obtain the services of a competent and reliable solicitor when it becomes necessary to , prepare agreements, especially those dealing with the sale and purchase or exchange of land. Furthermore, where there is a likelihood (as there often is) of a conflict of interests, it is always most desirable, if not absolutely essential, that each party to the transaction should have an independent adviser to guard his interests. If effect is given to these suggestions, the Court will not, I think, be so frequently called on to adjudicate upon' complicated disputes and misunderstandings between vendors and purchasers and agents and their principals, which in most cases arise in consequence of the imperfect, inappropriate, and ambiguous terms of agreements which have been prepared, either by the parties or their agents, without the aid of a solicitor. The payment of a reasonable fee to a competent solicitor for advice and guidance would very often save vendors and purchasers and their agents the unpleasantness and great expense of litigation. The money would be well spent. With regard to the _ employment of agents, it is very desirable that the terms of their employment and the authority given to them, and every variation thereof, should be clearly de- | fined, stated in writing, and signed by , the principals'." i