5.1 What vulnerability means
A vulnerable customer is someone whose circumstances may make it more difficult for them to:
- Access MyEstate’s services;
- Understand information;
- Communicate effectively;
- Evaluate options;
- Meet deadlines;
- Protect their interests;
- Manage documents;
- Make or communicate decisions; or
- Cope with the demands of a transaction.
Vulnerability is not a fixed personal label. It may arise from the customer’s circumstances, the complexity of a property transaction or the way in which the service is delivered.
5.2 Permanent or long-term vulnerability
Examples may include:
- Physical disability;
- Sensory impairment;
- Learning disability;
- Long-term mental-health condition;
- Cognitive impairment;
- Serious illness; or
- Limited literacy.
Customers with similar conditions may require different forms of support.
5.3 Temporary vulnerability
Examples may include:
- Bereavement;
- Short-term illness;
- Recovery from surgery;
- Sudden financial hardship;
- Acute anxiety;
- Relationship breakdown;
- Domestic abuse;
- Redundancy; or
- A family emergency.
Temporary circumstances can still have a serious effect on a customer’s ability to manage a transaction.
5.4 Situational vulnerability
Situational vulnerability may arise because of a particular transaction or environment.
Examples include:
- A first-time buyer unfamiliar with the process;
- A tenant at risk of homelessness;
- A landlord dealing with a serious property emergency;
- A customer who cannot use an online system;
- A person facing an urgent deadline;
- Someone communicating in a second language; or
- A person experiencing an unfamiliar legal process.
5.5 Factors that may create vulnerability
Potential factors include:
- Disability;
- Serious or long-term illness;
- Mental-health difficulties;
- Bereavement;
- Domestic abuse;
- Financial hardship;
- Homelessness risk;
- Low literacy or numeracy;
- Language barriers;
- Age-related needs;
- Digital exclusion;
- Lack of property-market experience; and
- Significant or unexpected life events.
One factor may not create vulnerability by itself. Several overlapping factors can substantially increase the customer’s need for assistance.
5.6 Vulnerability and incapacity
Vulnerability does not mean that the person:
- Cannot make decisions;
- Lacks legal capacity;
- Cannot give instructions;
- Needs someone else to take control; or
- Cannot manage their affairs.
Employees should support the person’s decision-making rather than making decisions for them.
Lesson 5 key point
Vulnerability describes circumstances and barriers. It does not automatically mean that a person is incapable of making decisions.