Conveyancing

Whether you are buying your first home, selling the family property or building an investment portfolio, we make the legal process clear and stress-free.

How we can help

• Reviewing and negotiating sale and purchase agreements before you sign
• Title searches, LIM review and due diligence advice
• Advice on conditions, finance, deposits and GST
• Unit title and body corporate reviews
• Settlement management, including electronic settlement and mortgage documents
• Advice for overseas buyers and sellers

Why a lawyer should see the agreement before you sign

A sale and purchase agreement is the most important document most people ever sign, and in New Zealand it usually becomes binding the moment both parties sign it. Real estate agents are skilled at selling, but they cannot give legal advice, and the standard ADLS/REINZ form is only a starting point: the conditions, special terms and further terms of sale are where the risk sits.

The cheapest legal advice you will ever receive is the advice you get before you sign. Once an agreement is unconditional, your options narrow quickly, and the cost of putting a problem right is many times higher.

A situation we see often

A couple sign an agreement on a Saturday afternoon at an open home because the agent says another offer is coming. The agreement is conditional on finance but not on a LIM report or a building inspection. Three weeks later the LIM shows an unconsented sunroom and a notice about a neighbouring easement. Their bank is now reluctant to lend.

The legal point: conditions only protect you if they are drafted for your situation, include a realistic date, and are properly confirmed or cancelled in writing. We tailor the conditions before you commit.

Buying a home: what is checked, and why it matters

The title and what is registered against it

The record of title shows who owns the land and what burdens it. We look for mortgages, caveats, easements, covenants, encumbrances and consent notices. A right of way across your driveway, a covenant that restricts what you can build or a drainage easement through your back lawn can all affect value and your plans.

The LIM report

A Land Information Memorandum from the council records consents, permits, notices, flood and slope hazards, rates and any outstanding requirements. It is not a guarantee, but it is often where unconsented building work, weathertightness history and planning constraints first appear. We read it with your intentions in mind: extending, renovating, adding a second dwelling or subdividing.

Building condition, consents and code compliance

Under the Building Act 2004, most building work needs a building consent and a code compliance certificate once it is complete. Unconsented or uncertified work does not disappear when the property changes hands: it becomes the new owner's problem. We help you decide when a builder's report is essential, how to negotiate a price reduction or remedial work, and when to walk away.

Chattels, fixtures and the small print

Heat pumps, curtains, ovens and garden sheds cause surprising numbers of disputes. We make sure the chattels list is accurate and that anything excluded from the sale is clearly recorded.

Conditions: the safety net that many buyers misuse

Common conditions include finance, LIM review, building inspection, solicitor's approval and the sale of another property. Each condition has a date, a person responsible and a process for confirming or cancelling. Miss the process and a condition can lapse unexpectedly, or, worse, leave you committed to a purchase you wanted to exit.

• Finance conditions need to be realistic about the time your bank needs, and clear about whether you are borrowing against the property being bought or other assets.
• Due diligence conditions should say what happens if you are not satisfied, and who decides.
• Sale-of-property conditions often trigger a "40-hour clause" that allows the seller to keep marketing; understand it before you sign.

A situation we see often

A buyer has a finance condition expiring on Friday. The bank approves the loan on Thursday subject to a valuation, and the valuation comes in lower than the price. The buyer assumes the condition will simply fall away. It does not: unless it is properly cancelled or extended in writing, the buyer may be bound to settle without the funding.

The legal point: conditions are mechanical. We diarise every date and prepare the correct notice, or an extension agreement, in time.

Selling a property

Selling is not simply the reverse of buying. The vendor gives warranties about the property, and a mistake in the paperwork can cost money after settlement.

• Agency agreement review. Commission, term and exclusivity clauses are negotiable. We review the agreement before you sign it.
• Disclosure. Vendors must answer buyers' questions honestly and cannot mislead by silence on matters they know are significant. Liability can arise under the Fair Trading Act 1986 and the Contract and Commercial Law Act 2017.
• Vendor warranties. The agreement warrants that you have complied with notices, consents and the Building Act. If you have done unconsented work, we advise on options before you go to market.
• Tenancies. A tenanted property can be sold with the tenancy in place, or with vacant possession, but the notice rules are strict.
• Tax. Residential property sold within the bright-line period (two years for property acquired from 1 July 2024) can attract income tax. We flag this early and recommend you speak to your accountant.

A situation we see often

A vendor replaced a deck and enclosed a carport years ago, without a consent, assuming it did not matter. The buyer's lawyer finds no code compliance certificate and requires the vendor to obtain a certificate of acceptance or reduce the price.

The legal point: a seller who knows of unconsented work and says nothing risks cancellation and damages. Sorting it before listing is usually cheaper and calmer than negotiating it at the last minute.

Auctions, tenders and deadline sales

At an auction, a successful bid at the fall of the hammer is an unconditional contract. There is no cooling-off period. If you plan to bid, your finance, LIM, building report and legal review all need to be finished before auction day. We review the auction terms, the vendor's disclosure documents and the title, and we explain exactly how far you can safely go.

Unit titles, apartments and cross-leases

Buying into a body corporate is a purchase of both a home and a shared governance structure. We review the pre-contract disclosure statement, the long-term maintenance plan, the body corporate rules, levies, any special levies and upcoming remediation. We also check the nature of the title, as the legal risks differ between:

• Fee simple (freehold): you own the land outright.
• Unit title: you own your unit and share the common property with other owners under the Unit Titles Act 2010.
• Cross-lease: you own a share in the land and lease your dwelling. Cross-leases often have footprint problems, with extensions or garages that were never added to the lease plan, which can cause finance and resale problems.

A situation we see often

A buyer of a cross-lease townhouse finds that the neighbour's garage extension has never been added to the lease. The seller's own deck sits outside its original footprint. A bank refuses to lend until the leases are corrected, and the neighbour must agree.

The legal point: cross-lease defects can be fixed, often by a deed of variation or conversion to fee simple, but only with the cooperation of the other owners. We identify the issue before you are committed.

Investment property and landlords

Buying a rental changes the legal and tax picture. We review existing tenancy agreements, bonds, rent arrears and the property's compliance with Healthy Homes Standards. We advise on ownership structures, including personal names, joint tenancy versus tenancy in common, trusts and companies, and the implications for relationship property, estate planning and borrowing. Bank lending rules for investors and the deductibility of interest are regularly adjusted, so we work alongside your accountant and mortgage adviser.

Buying or selling with a partner, family or friends

How you hold title decides what happens on separation, death or disagreement. Joint tenants own the property equally and the survivor takes the whole property automatically on death. Tenants in common own defined shares that pass under each owner's will. For couples buying together, friends investing together or parents helping a child into a first home, we record the arrangement in writing, including who contributed the deposit and what happens if one person wishes to sell.

Overseas buyers and sellers

The Overseas Investment Act 2005 restricts most overseas persons from buying existing residential property in New Zealand, subject to exemptions, including for Australian and Singaporean citizens and for people who hold residence-class visas and are ordinarily resident in New Zealand. Buyers of larger blocks of land, sensitive land and some business assets may require consent from the Overseas Investment Office. Overseas sellers must also deal with New Zealand tax obligations and, in some cases, withholding. These settings change, so we confirm the current position before you commit.

Settlement, mortgages and the final week

Settlement is the point at which money and title change hands. It is electronic: documents are signed, funds are transferred through the banking system and the title is updated on the Landonline register. Under the standard agreement, if payment is not made before the cut-off time on the settlement day, the buyer can be treated as being late and interest or default notices can follow.

• We prepare and certify mortgage documents and arrange for the bank's funds to be available on the day.
• We calculate adjustments for rates, water and body corporate levies so you pay only for your period of ownership.
• We confirm possession, keys, chattels and the final inspection before funds are released.
• If something goes wrong in the days before settlement, such as a property being damaged or a tenant not leaving, we advise on the agreement's remedies, including delayed settlement, compensation or cancellation.

A situation we see often

On the day before settlement the buyer's final inspection reveals water damage from a burst pipe. The vendor says the property is insured and the repair is "just cosmetic".

The legal point: risk usually remains with the vendor until possession is given. The buyer can require the vendor to remedy the damage, hold back a sum from the purchase price, or in serious cases delay settlement. We act the same day.

When something goes wrong after settlement

Most purchases go smoothly, but when a problem emerges after settlement the remedies depend on what was said, what was warranted and when you discovered it. Hidden defects, unconsented work, misrepresentation, and boundary or access disputes are all dealt with under contract law, the Building Act 2004, the Fair Trading Act 1986 and the Property Law Act 2007. Time limits apply, and evidence fades fast, so early advice is important.

Questions we are often asked

Do I need a lawyer if the agent already has a standard agreement?

Yes. The standard form does not know your finance arrangements, the property's history or your plans for it. A lawyer's review turns a generic form into one that protects you.

Is there a cooling-off period for residential property in New Zealand?

Generally no. Unlike some overseas jurisdictions, a signed agreement binds you unless it is conditional or a statutory right of cancellation applies. That is why conditions and advice matter before you sign.

How long does a conveyance take?

A typical unconditional residential agreement settles in a few weeks. The timing is set by the agreement, and conditions, finance and title issues can lengthen it.

Can I change my mind after the conditions are satisfied?

Not without the other party's agreement. Once conditions are satisfied the agreement is unconditional and each party must complete or face consequences, which can include interest, damages and, ultimately, forced resale with the shortfall recoverable from the defaulting party.