Why it is essential to engage a lawyer when buying or selling property in NZ
Buying or selling a house is one of the most significant financial transactions you’ll undertake, and in New Zealand, having an experienced property lawyer / solicitor is not just helpful—it’s essential. Property transactions are legally complex, and a solicitor ensures the process is compliant, secure, and stress-free.
Here’s why it’s critical to engage a solicitor when dealing with property.
1. Ensuring compliance with legal requirements
The transfer of property, known as conveyancing, involves complex legal processes. A solicitor ensures:
- Sale and purchase agreements meet all legal requirements.
- The property title is clear of encumbrances, such as caveats, easements, or unpaid rates, which could affect ownership or use of the property.
- Compliance with anti-money laundering (AML) Both buyers and sellers must meet these legal obligations before the transaction can proceed.
2. Reviewing and negotiating contracts
Your solicitor will:
- Review the Sale and Purchase Agreement to ensure the terms align with your interests.
- Help negotiate special conditions (e.g., finance approval, building reports, or LIM reports).
- Clarify key dates and conditions such as the settlement date, deposit terms, and what happens if conditions are not met.
3. Managing risk through title searches
Before the purchase is finalised, your solicitor will conduct a title search to confirm:
- You are buying the property free from unregistered encumbrances or ownership issues.
- There are no legal restrictions or risks, such as right-of-way issues or unconsented structures, that could impact your ownership.
This ensures you know exactly what you’re buying and can prevent nasty surprises.
4. Assistance with finance and mortgage documents
If you’re taking out a mortgage, your solicitor ensures:
- All loan documentation is in order and compliant with lender requirements.
- The mortgage is registered correctly on the title after settlement.
Your solicitor will also liaise with your lender to ensure funds are available on time for settlement day.
5. Holding and managing funds
Solicitors are responsible for managing the financial aspects of the transaction through their trust accounts, ensuring:
- Deposits are held securely.
- Funds are properly distributed to the seller or lender on settlement day.
This safeguards both parties from financial risk during the transfer process.
6. Settling the property
On settlement day, your solicitor ensures everything is in place:
- Confirming that the buyer has received possession of the property.
- Registering the transfer of ownership with Land Information New Zealand (LINZ).
- Resolving any last-minute issues, such as ensuring rates are paid and utilities are transferred correctly.
7. Handling disputes or unexpected issues
If any issues arise—like discovering defects, title disputes, or a party breaching the contract—your solicitor can guide you through dispute resolution or remedies under the contract.
Buying or selling a property involves more than just signing contracts—it’s a legally intricate process with significant risks if not handled properly. A solicitor ensures that every step is completed accurately, protects your interests, and helps manage any unexpected challenges that arise. Having expert legal advice ensures you can proceed with confidence, knowing your property transaction will be secure, legally compliant, and as smooth as possible.
Are you looking to sell or buy a property soon?
Get in contact with Atkinson Crehan Law’s expert property law team to ensure a smooth transaction.