Property Law Blog

After more than 20 years of helping clients with property sales and purchases at Conveyancing Shop Lawyers, I have heard just about every possible settlement complaint. There are certainly some serious issues that can arise when buying a property, but interestingly, the complaints I hear most often are usually much more practical. They are the things that can turn what should be an exciting day into a frustrating one. The two that come up time and time again are the condition the house has been left in and the expectation that the keys will be available first thing on settlement day.

Selling your house in New Zealand? Find answers to common questions about sale and purchase agreements, deposits, tax, mortgages, settlement and why you should talk to your lawyer before signing.

He Thought He Didn’t Need a Lawyer... Meet Dave. Dave had finally found his dream home. Great location, decent price, sunny living room and, according to Dave, “loads of potential.” The real estate agent handed him the sale and purchase agreement. “You should get your lawyer to look over this before you sign,” she said. Dave smiled confidently. “Nah, it’s all pretty standard, isn’t it?” And with that, Dave signed. Fast forward a few days and Dave called his lawyer. “I’ve bought a house!” “That’s great,” said the lawyer. “Send me the agreement.” Dave did. There was a long pause. “Dave... have you actually read this?” “Not exactly. But it’s a house. How complicated can it be?” As it turned out, quite complicated. Problem #1: The settlement date Dave had assumed settlement would be whenever he was ready to move in. Unfortunately, the contract had a specific settlement date. And it was considerably sooner than Dave had expected. His bank wasn't quite ready. His moving company wasn't booked. And his current rental agreement had a few more weeks to run. Suddenly Dave was juggling two sets of keys and wondering whether he could make afford the rent and the mortgage. Problem #2: The conditions Dave had signed an unconditional agreement. He had intended to get a building inspection, but thought he'd "sort that out afterwards." The building inspector found a few things that Dave would have preferred to know about before signing. Nothing quite says "dream home" like discovering a roof leak after you've legally committed to buying it. Problem #3: The title The property title contained an easement. Dave had no idea what an easement was. His lawyer explained that part of the property was subject to rights allowing someone else to use the land for a particular purpose. “Is that bad?” “Not necessarily.” “Is it something I would have liked to know about before signing?” “Yes.” “Right.” Problem #4: The chattels Dave thought the outdoor spa was included. The vendor thought the outdoor spa was very much not included. Unfortunately, Dave's assumption wasn't written into the agreement. There was now a spirited discussion about whether a spa could be considered a "fixture", followed by Dave Googling the price of second-hand spas. Problem #5: The LIM and council information Dave had seen the beautiful renovated kitchen and assumed everything was above board. His lawyer suggested checking the council information. There were alterations to the property that needed further investigation. Dave suddenly wished he had spent a little less time imagining where the sofa would go and a little more time checking what had actually been consented. The moral of Dave's story? Dave's biggest mistake wasn't buying the house. It was signing the contract before getting legal advice . His lawyer could have helped him understand the agreement, identify potential issues and make sure appropriate conditions were included before he became legally committed. Fortunately, Dave's lawyer was able to help him work through the issues that arose. But Dave learned an important lesson. A lawyer is much more useful before you sign than after you have signed. Buying a house is exciting. It is also one of the biggest financial commitments most people will ever make. So before you fall in love with the house, the kitchen, the view or the spa... Get your lawyer to check the contract first. Your future self may thank you. This is a humorous fictional story written by Sirpa Gunn to illustrate the importance of seeking independent legal advice before signing a property sale and purchase agreement. While the situations are fictional, the message is serious: always talk to your lawyer and get advice before you sign an agreement for Sale and Purchase.

Thada Chapman explains why it is important to regularly review your trust affairs.

Don’t Put Off Making a Will None of us particularly likes to think about what happens after we’re gone. It is one of those jobs that is easy to put off because there always seems to be something more immediate to deal with. But making a Will is one of the most important things you can do for the people you leave behind.  Your Will sets out what you want to happen to your assets and who you want to deal with your estate. It can provide clear instructions for your family and help avoid uncertainty, disputes and unnecessary stress at an already difficult time.

“It’s Easy to Buy a House,” They Said… “You don’t need to talk to a lawyer before you sign.” They said We hear versions of this all the time. And while buying a house may look simple from the outside, there is a lot more to it than finding a property, agreeing on a price and signing on the dotted line. For most people, buying a home will be one of the biggest financial investments they make in their lifetime. That is a pretty good reason to get independent legal advice before you commit yourself to the deal. In New Zealand, a sale and purchase agreement is a legally binding contract. Once you have signed it, you may have limited options to change the agreement or walk away. Government guidance is clear: buyers should have their lawyer or conveyancer review the agreement before signing.

GST and Property: It’s More Complicated Than You Think “It’s GST registered, so we can claim the GST back.” When buying a property, this can sound like a great idea. But what happens when you decide to sell? You may discover that the GST you claimed when you bought the property can have consequences when you sell it. GST and property transactions can be surprisingly complicated, so it is important to understand the implications before you sign an agreement.

Buying a property with friends or family can make home ownership possible, but it is important to agree what happens if circumstances change. Michelle Erasmus explains the ownership, financial and legal issues to consider before you buy.

Signed a Sale and Purchase Agreement and want to cancel? Learn your legal options as a buyer or seller in NZ and when cancellation is possible.