Last Updated: 5 November 2025

BuyersRep - Terms of Trade

These Terms of Trade (Terms) apply to any products that BuyersRep Limited (BuyersRep) provides to you, the customer (Customer). By using the BuyersRep website (Website) or placing an order on the Website you agree to these Terms.

1.  Definitions

1.1 In these Terms, unless the context otherwise requires:

  • Building Inspector means the building inspector engaged by BuyersRep to conduct the Building Inspection and produce the Building Inspection Report on the Nominated Property.
  • Building Inspection means the inspection of the Nominated Property by a Building Inspector in order to produce a Building Inspection Report.
  • Building Inspection Report means a report produced by a Building Inspector on a Nominated Property which includes a Certificate of Inspection.
  • Building Inspector's Terms of Trade mean the Building Inspector's standard terms and conditions for the provision of the Products on a reliance basis.
  • Certificate of Inspection means a certificate of inspection that a Building Inspection Report has been carried out in accordance with the standards set by NZS 4306:2005 for residential property inspections.
  • Fees mean the fees payable for the Products as specified on the Website. Fees may be amended from time to time at the discretion of BuyersRep. The fees listed on the Website at the time an Order is placed are the fees that apply to that Order.
  • Non-Reliance Version means a version of a Building Inspection Report that is provided for information only purposes meaning the Building Inspector and BuyersRep are not liable if the Customer suffers any loss from their reliance on the contents which turn out to be incorrect or incomplete.
  • Nominated Property means the property nominated through the Platform by the Customer to have a Building Inspection completed on it.
  • Order means any order placed by a Customer through the Platform for a Building Inspection Report, Property File Revision or Reliance Upgrade on a Nominated Property.
  • Platform means the BuyersRep platform accessed via the Website.
  • Products means Building Inspection Reports.
  • Property File Revisions means an optional add-on Product in which BuyersRep obtains property files relating to the Nominated Property either from the listing agent or the relevant local council and provides those files to the Building Inspector for review as part of the Building Inspection Report in accordance with clause 7.
  • Reliance Upgrade has the meaning given in clause 5.1.
  • Reliance Upgrade Validity Period means the time period starting on the day the Building Inspection Report is produced and ending on the day 90 days after that date, during which the Customer may elect to purchase the Reliance Upgrade.
  • Website means www.buyersrep.co.nz.

2.  Building Inspection Reports

  • 2.1 An Order will only be accepted and processed where full payment of the Fees is made at the time an Order is made.
  • 2.2 When an Order is accepted for an existing Building Inspection Report, BuyersRep will provide the Customer a copy of a Non-Reliance Version of the Building Inspection Report. An existing Building Inspection Report will only be made available for sale for a period of 60 days from the date that it was produced so that the Customer has a minimum of 30 days remaining within the Reliance Upgrade Validity Period to purchase the Reliance Upgrade.
  • 2.3 When an Order is accepted and an existing Building Inspection Report is not available for the Nominated Property, BuyersRep will:
    • subject to clause 2.4, arrange for the Building Inspector chosen by the Customer to complete a Building Inspection Report on the Nominated Property; and
    • provide the Customer an estimated timeframe for completion of the Building Inspection Report (which will be completed within 7 days of receiving an Order unless otherwise agreed with the Customer); and
    • provide the Customer a copy of a Non-Reliance Version of the Building Inspection Report when it becomes available.
  • 2.4 While BuyersRep will make reasonable efforts to engage the Building Inspector selected by the Customer under clause 2.3(a), BuyersRep does not guarantee the availability of any Building Inspector. If the chosen Building Inspector is unable to undertake the Building Inspection, BuyersRep will notify the Customer and provide the Customer the opportunity to:
    • select an alternative Building Inspector (in which case a new Fee may apply to the Order); or
    • cancel their Order and receive a full refund.
  • 2.5 All Non-Reliance Versions of the Building Inspection Report are provided for information only purposes meaning the Building Inspector and BuyersRep are not liable if the Customer suffers any loss from their reliance on its contents which turn out to be incorrect or incomplete. For a version that the Customer can rely on in full they must purchase a Reliance Upgrade.

3.  Building Inspections

3.1 All Building Inspectors listed on the Website are appropriately skilled and qualified to undertake Building Inspections. Each Building Inspector is required to:

  • maintain a current membership or certification with New Zealand Institute of Building Inspectors, Building Officials Institute of New Zealand, or an equivalent organisation approved in writing by BuyersRep; and
  • ensure Building Inspections and Building Inspection Reports comply with the standards set by NZS 4306:2005 for residential property inspections.

4.  Timeframes

  • 4.1 Any timeframes BuyersRep provides to a Customer are estimates only. BuyersRep is not liable for any loss or damage a Customer may suffer as a result of any delays.
  • 4.2 If a Building Inspection cannot proceed or is delayed due to property access issues or other logistical matters, BuyersRep will offer to reschedule a Building Inspection and propose a new timeline for completion to the Customer. When a new timeline is proposed, the Customer will be given the option to accept or decline the new timeframe. Where the Customer declines the new timeframe, BuyersRep will provide a full refund to the Customer of all Fees paid.

5.  Reliance Upgrade

  • 5.1 During the Reliance Validity Period, a Customer who has purchased a Non-Reliance Version of a Building Inspection Report will be given the option to purchase a version of the Building Inspection Report that can be relied upon subject to the relevant Building Inspector's Terms of Trade (Reliance Upgrade).
  • 5.2 A Customer may rely on a Building Inspection Report once a Reliance Upgrade has been purchased which will have a backdated effect from the date the Customer purchased the Non-Reliance Version of the Building Inspection Report i.e. the Customer is deemed to have purchased the Nominated Property in reliance of the Building Inspection Report and shall have a direct cause of action against the Building Inspector for any errors, issues or omissions with the Building Inspection Report (subject to the Building Inspector's Terms of Trade and without limitation shall have the benefits of the guarantees under the Consumer Guarantees Act 1993). For the avoidance of doubt, BuyersRep is not the author of any Building Inspection Report. The Customer acknowledges and agrees that in accordance with clause 10.1, BuyersRep will not be liable, and the Customer will have no cause of action against BuyersRep, in respect of the contents of any Building Inspection Report, whether or not a Reliance Upgrade has been purchased. The Reliance Upgrade is limited to the contents and conclusions of the Building Inspection Report as it was issued on the Inspection Date. Other than the removal of a watermark, the Building Inspection Report will not be revised, updated, or supplemented in any way for the purpose of a Reliance Upgrade.
  • 5.3 From the date the Reliance Upgrade is purchased, the Building Inspection Report is subject to the relevant Building Inspector's Terms of Trade. The Building Inspector's Terms of Trade are provided to Customers when the initial Building Inspection Report is ordered and again at the time of a Reliance Upgrade.
  • 5.4 Ownership of the copyright in each Building Inspection Report remains with the Building Inspector.

6.  Use of the Building Inspection Report

6.1 The Customer acknowledges that any Building Inspection Report is solely for the Customer's personal use in connection with the potential purchase of the Nominated Property. Any other use of the Building Inspection Report requires BuyersRep's prior written consent.

6.2 The Customer must not:

  • provide or distribute a Building Inspection Report to any third parties (except to professional advisors such as lawyers, accountants, or mortgage lenders directly connected to the Customer's purchase of the Nominated Property); or
  • alter, tamper with, or misrepresent the contents of any Building Inspection Report.

7.  Property File Revision

7.1 BuyersRep may offer Customers the option to include a Property File Revision as part of their Building Inspection Report. The property files for review depend on the property files available for the Nominated Property but may include:

  • building consents and permits;
  • resource consents;
  • original plans and drawings;
  • correspondence with council.

(Property Files)

7.2 Where a Customer Order includes a Property File Revision as part of their Building Inspection Report and the Order is accepted by BuyersRep, at the election of the Customer, BuyersRep will either:

  • obtain the relevant Property Files directly from the listing real estate agent; or
  • procure the Property Files from the applicable local council, and provide them to the Building Inspector for review.

7.3 The scope and limitations of the Property File Revision are determined solely by the Building Inspector and will be set out in the Building Inspector's Terms of Trade. BuyersRep's role is limited to obtaining and supplying the Property Files to the Building Inspector. BuyersRep does not define or control the scope of the Property File Revision and is not responsible for the content or conclusions of the review.

7.4 BuyersRep does not verify or warrant the accuracy, completeness or currency of any Property Files. The Customer acknowledges that Property Files may not include records of unconsented work or recent changes not yet recorded by the relevant council. Unlike a Land Information Memorandum report, Property Files do not carry legal protections under the Local Government Official Information and Meetings Act 1987. Accordingly, BuyersRep shall not be liable whether in contract, tort (including negligence), or otherwise for any loss, damage, claim, or expense arising from the content of the Property Files or any conclusions drawn from them by the Building Inspector.

8.  Payment

8.1 Payment must be made in full at the time of placing an Order. BuyersRep accepts payment by credit card, debit card and any other payment methods made available on the Website from time to time.

9.  Cancellation

  • 9.1 Once an Order is submitted and payment is received, cancellations or changes are generally not permitted. This is because our Building Inspectors often begin work immediately upon receipt of your Order.
  • 9.2 Where a Building Inspection Report is made available to the Customer immediately after the Order is received, the Customer will not be able to cancel or seek any refund.
  • 9.3 In certain cases, the Building Inspector may, at their discretion, agree to a cancellation or change. All cancellations must be made as soon as possible and requested in writing by emailing hello@buyersrep.co.nz. BuyersRep does not guarantee that any cancellation request will be accepted.
  • 9.4 If a cancellation is accepted, the Customer may still be required to pay a cancellation fee. This cancellation fee will be limited to the amount necessary to recover any costs incurred by BuyersRep, including any fees or charges imposed by the Building Inspector up to the point of cancellation.

10.  Liability

10.1 BuyersRep acts solely as an intermediary platform and is not responsible for conducting any Building Inspection Reports, including any associated Property File Revisions. To the fullest extent permitted by law, BuyersRep excludes all liability whether in contract, tort (including negligence) or otherwise for any loss, damage, claim, or expense arising directly or indirectly from the content of any Building Inspection Report (including any Property File Revision) prepared by a Building Inspector.

10.2 Once a Reliance Upgrade is purchased, that Customer shall have a direct cause of action against the Building Inspector for any errors, issues or omissions with a Building Inspection Report, subject to the applicable Building Inspector's Terms of Trade.

10.3 Nothing in these Terms excludes any rights or remedies that a Customer may have under the Fair Trading Act 1986 or Consumer Guarantees Act 1993.

11.  Force Majeure

11.1 Neither the Customer nor BuyersRep will be liable for any delay or failure to perform any of its obligations (excluding any payment obligation) that is caused or contributed to by any event beyond its reasonable control (including but not limited to an act of nature, pandemic, epidemic, war, fire, discontinuity in utility supply, road closure, court order, riot, strike or labour disturbance, the death, incapacity, or insolvency of a Building Inspector, or the liquidation, receivership, or voluntary administration or statutory management of the Building Inspector's business) provided that party:

  • notifies the other party of the event on becoming aware of it; and
  • uses its best endeavours to mitigate the effects of the event and to perform its obligations not affected by the event.

If the event materially affects the Customer or BuyersRep's ability to meet its obligations under these Terms for more than 90 days, the other may terminate an Order by notice in writing.

12.  Privacy

12.1 BuyersRep will only collect, use and disclose the Customer's personal information in accordance with its Privacy Policy and otherwise in compliance with the Privacy Act 2020.

13.  Complaints

13.1 If you have a complaint about our Website, services, or one of our building inspectors, please contact us at hello@buyersrep.co.nz. We will acknowledge and work to resolve your complaint promptly.

14.  General

14.1 Variations: BuyersRep may amend these Terms at any time by updating the Terms on its Website. The “Last Updated” date shown at the top of the Terms will be changed to reflect the date of the most recent update. Any amended Terms will apply to all new Orders placed after the updated Terms are published on the BuyersRep Website. We recommend that the Customer review the Terms regularly to ensure the Customer understands the terms that apply at the time of placing an Order.

14.2 No Waiver: No failure or delay by the Customer or BuyersRep in insisting on the strict performance of these Terms or to exercise any right under these Terms will operate as a waiver of those matters. A waiver will not be effective unless it is in writing. A waiver of any breach will not be a waiver of any other breach.

14.3 Assignment: The Customer shall not assign its interest in these Terms without BuyersRep's prior written consent. A change in the Customer's effective ownership or control will be deemed to be an assignment for the purpose of this clause.

14.4 No agency: Nothing in these Terms will be construed as giving rise to any agency, joint venture or partnership between the Customer and BuyersRep.

14.5 Entire agreement: These Terms record the entire arrangement between the parties relating to the matters dealt with in these Terms and supersede all previous arrangements, whether written, oral, or both, relating to such matters.

14.6 Governing Law: This Agreement is governed by New Zealand law, and any disputes will be handled in the New Zealand courts.