Real estate paperwork for dummies not legally lazy

Newly designed real estate documents have been created by the Real Estate Institute to simplify the forms involved in the house sale process.

But chief executive Christine le Cren said while the forms are simplified, they are not dumbed down to the point of losing either their legal standing or meaning.

‘We realise there will always be some tension between the relative safety of using precedent documents and terminology, and their plain English equivalents,” Mrs Le Cren said. “However ... the expectation is actually quite the opposite."

A lawyer who presented a paper at the 2008 international Plain English conference Clarity said there are no recorded instances of plain English contracts causing a legal dispute due to the phrasing.

Executive members of the Property Law Section of the New Zealand Law Society reviewed and commented on the drafts and Hamilton lawyer Barry Gunson gave his seal of approval.

“The overriding consideration has been to make sure they are legally sound and suitable for the current real estate environment,” Mr Gunson said.

Wellington-based plain English specialists Write Litd re-wrote the forms, with 50 drafts to perfect them.

“[They] are designed to do away with ambiguity and complexity,” Mrs Le Cren said.

“People who are buying or selling a property have a right to understand the implications of what they are signing.”

The forms were designed and laid out by Optimal Usability, with bold headings and open text taking the place of small print for a clearer reading experience.

“We believe the forms will be overwhelmingly popular with the public who need to have absolute confidence when making an important life decision,” Mrs Le Cren said.