Legal

Terms & Conditions

Last updated 30 June 2026

OpenKey is a property marketing and platform service — not a licensed real estate agent. When you sell with OpenKey you remain the owner and the principal: you make every decision and you conduct your own sale. We never negotiate, accept offers, or act on your behalf to bring about a transaction.

1. About these terms

These terms govern your use of OpenKey's website and services. By accepting a quote, signing our Seller Service Agreement, or otherwise using our services, you agree to these terms. In these terms "OpenKey", "we" and "us" mean the OpenKey business operating at the contact details below; "you" means the property owner or website visitor using our services.

Where you engage us to sell a property, our Seller Service Agreement (which you sign for your specific package and property) applies alongside these terms. If there is any conflict, the signed Seller Service Agreement takes precedence for that engagement.

2. Nature of the service

OpenKey provides marketing, tools and facilitation so that owners can sell their own homes — the "for sale by owner" (FSBO) model. You remain the owner and the principal throughout. You set the price, make every decision, deal with buyers directly through the channel we provide, and run your own sale.

OpenKey is not a real estate agency and does not carry out real estate agency work. We do not represent you in the transaction, we do not negotiate or accept offers for you, and we charge a fixed fee — never a commission tied to your sale price.

3. Our regulatory position

Owner-assisted private sale is an established model in New Zealand. Because you sell your own property and we never act "on behalf of" you to bring about the transaction, our marketing and platform services fall outside "real estate agency work" as defined in the Real Estate Agents Act 2008. We do not provide legal, conveyancing, valuation, financial or tax advice — that work is for the qualified professionals you appoint (in particular, your own solicitor handles the sale & purchase agreement and conveyancing).

4. What we provide

Depending on the package you choose, our services may include:

• Professional photography and marketing materials;
• A listing page on OpenKey and syndication to third-party portals (such as Trade Me, realestate.co.nz and homes.co.nz, via the relevant listing provider);
• For-sale signage;
• An enquiry-capture dashboard and a communication channel through which buyers and sellers deal directly with each other;
• On the relevant packages, open-home hosting — opening the property and registering visitors only.

The exact inclusions, fee and any pay-on-sale arrangement for your engagement are set out in your quote and Seller Service Agreement.

5. What we do not do

For the avoidance of doubt, OpenKey does not:

• appraise your property or advise you on price or sale strategy;
• negotiate, convey, recommend, or accept offers on your behalf;
• represent you in the transaction or deal with the buyer on your behalf;
• prepare or handle the sale & purchase agreement, or carry out conveyancing;
• provide legal, financial, tax or valuation advice; or
• guarantee that your property will sell, the price achieved, or any timeframe.

6. Your responsibilities

• Provide accurate, complete and truthful information about the property.
• Meet your disclosure obligations — as a private seller you carry the same duty to disclose known defects and issues as a vendor selling through an agent. Take your solicitor's guidance on this.
• Maintain appropriate insurance and keep the property safe for visitors and open homes.
• Appoint your own solicitor or conveyancer to prepare and handle the contract.
• Obtain your own legal advice, and make your own decisions on offers and the sale.
• Handle the negotiation and acceptance of offers yourself, through the channel we provide.

7. Fees & payment

• Our fee is the fixed package amount in your quote, plus GST. There is no commission — the fee does not change with your sale price.
• Unless a pay-on-sale option is agreed in writing, the fee is invoiced and due as set out in your Seller Service Agreement (typically on acceptance / commencement of marketing).
• The fee covers the marketing and services in your package whether or not the property sells, and is non-refundable once marketing has commenced, except where a refund is required by law.
• Any pay-on-sale arrangement applies only where we have approved it in writing.

8. Advertising & third-party platforms

We list properties on third-party platforms operated by others. We do not control those platforms and are not responsible for their operation, availability, policies, fees or downtime. Listings are subject to the terms of each platform.

9. Open homes & viewings

Where your package includes open-home hosting, our role is limited to opening the property and registering visitors. We do not provide security and cannot guarantee buyer attendance. You remain responsible for the property and its contents during viewings and open homes, and for ensuring it is safe for visitors. All questions about the property and the sale are directed to you.

10. Offers, negotiation & sale

Offers and enquiries come directly to you. We may pass on information, but we do not recommend a course of action, advise on offers, or negotiate. All decisions on offers and on the sale are yours, and the sale & purchase agreement is prepared and handled by your solicitor. Funds pass through your solicitor's trust account — money never touches OpenKey.

11. Technology, data & AI tools

OpenKey uses online tools, automation and AI to create listings, manage enquiries and run your dashboard. By using our services you consent to electronic communication and to our processing of your information for these purposes. We aim to keep the service available but do not warrant that it will be uninterrupted or error-free.

12. Privacy

We handle your and enquirers' personal information in line with the Privacy Act 2020 and our Privacy Policy, which forms part of these terms.

13. Limitation of liability

• OpenKey provides marketing, platform and facilitation services only, and gives no legal, financial, tax or valuation advice.
• We are not responsible for the outcome of the sale, the price achieved, whether the property sells, the conduct of any buyer, or the acts or omissions of any third-party contractor or platform.
• To the maximum extent permitted by law, our total liability to you arising from or in connection with our services is limited to the fees you have paid us, and we exclude liability for indirect or consequential loss.
• Nothing in these terms limits rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where they apply.

14. Cancellation & termination

Your engagement runs until the property sells or either party cancels on written notice. If you cancel, fees for work already done and costs already incurred are non-refundable. We may suspend or end services where fees are unpaid or these terms are breached.

15. Changes to these terms

We may update these terms from time to time. The version current at the time you accept a quote or use our services applies to that engagement. The latest version is always published on this page.

16. Governing law

These terms and any engagement with OpenKey are governed by New Zealand law, and you submit to the jurisdiction of the New Zealand courts.