Property

We’ve been helping homeowners, land and property developers, investors and contractors buy and sell residential and commercial property in New Zealand for over a century.

Buying or selling a house

Buying and selling property (legally known as conveyancing) is complex. Getting experienced property law specialists involved early on can save you time, money and heartache.

We’ll simplify the process as much as possible and can give comprehensive, results-focused advice in all areas related to land, real estate and construction, including:

freehold
leasehold
unit titles
cross leases
subdivisions
retirement villages
boundary adjustments.

We’ll communicate with you every step of the way, and you can call us anytime with any questions or concerns.

Buying your first home?

We really enjoy helping people buy their first home and have lots of experience with first home buyers. We strongly recommend you read the information about home ownership on Kainga Ora to find out about financial help and resources that might be available to you.

Home ownership – Kainga Ora

Unit titles

Wherever people live in close proximity and share common areas disputes can arise. If you live in a unit title development or are thinking of buying into one, we can advise you on:

● your obligations as an owner of an apartment in a unit title development

● whether your body corporate complies with all its legal requirements

● your liability as a committee member, chairperson or secretary

● preparing and enacting new and amended body corporate rules

● pre-contract disclosure statements, pre-settlement disclosure statements and additional disclosure statements

● management contracts, long term maintenance plans and other contracts

● enforcing body corporate rules and collecting unpaid levies.

Our conveyancing fees

We’re happy to provide you with a fee estimate – call us now on 0800 TMFLAW (863 529).

What our fee covers - buying a home

Open our file, obtain your details, prepare and forward you our letter of engagement.
Receive and peruse the sale and purchase agreement.
Search and check the title and any interests noted on the title.
Report to you about the contract, the title, and the interests on the title.
Monitor confirmation of any conditions in the agreement (e.g. finance).
Request extensions of time for confirmation of conditions (if necessary).
Confirm any conditions in the agreement (e.g. finance, title search, building report, LIM).
Take all steps necessary to set up an e-dealing in Landonline for registration of the mortgage and/or change of ownership with Land Information New Zealand.
Prepare and forward the preliminary sale notice to the seller’s lawyer.
Search local/regional council records to check details of any outstanding loans in respect of insulation work.
Check the rates on the property to make sure there are no arrears.
Receive and check the settlement statement from the seller’s lawyer, and check that rates (and levies and rent, if applicable) have been correctly apportioned.
Receive loan instructions from your bank lender and attend to disclosure, if applicable.
Prepare loan documents for signing, if applicable.
Prepare Client Authority & Instruction Form for you to sign to register the transfer of ownership to you (and your lender’s mortgage, if applicable).
Request and arrange an insurance certificate of currency and ensure that the insurance policy meets the lender’s requirements.
Meet with you to sign the loan documents and/or Client Authority & Instruction Form.
Prepare and sign a solicitor’s certificate for your bank.
Send the loan documentation, insurance certificate and solicitor’s certificate to the bank/lender.
Sign and certify the mortgage and/or transfer documents on Landonline.
Prepare the preliminary statement of account.
Prepare for settlement.
Obtain a guaranteed search of the title.
Receive seller’s solicitor’s undertakings.
Receive and receipt your contributions and/or the loan advance into our trust account.
Attend to settlement and notify seller’s lawyer.

the registration of the mortgage in favour of the bank/lender if applicable.
Receive a post registration search of mortgage and/or title.
Report to your bank/lender, if applicable.
Report to you.

When additional fees apply

Private sales and purchases (where no real estate agent is involved).
Drafting any agreement for sale and purchase.
Any pre-contract negotiations or advice.
Ordering, reviewing or advising you on a building, valuation or LIM or engineer’s report.
If the property is being purchased by a Company or a Family Trust.
If one or more purchasers are using their Kiwisaver First Home Buyers Deposit.
If there are guarantees involved.
If the property being purchased is a cross lease or unit title.
If the documents have been sent out for signing or you require more than one meeting to sign the documents.
If the property is being sold subject to an existing tenancy.
If you require settlement and registration of a second mortgage.
If the bank/lender has required special conditions on their offer of finance.
If the transaction is urgent.

What our fee covers - selling a home

● Open our file, obtain your details, prepare and forward you our letter of engagement.

● Receive and peruse the sale and purchase agreement.

● Monitor confirmation of contract conditions by buyer’s lawyer.

● Receive advice from buyer’s lawyer as to confirmation of contract conditions (or termination of the contract) and notify you.

● Request a discharge of your mortgage and a repayment statement from your lender if applicable.

● Obtain rates information from Council and prepare settlement statement including apportionment of outgoings (e.g. rates, body corporate or company levies).

● Receive and check sale notice from buyer’s lawyer.

● Check eDealing set up by buyer’s lawyer.

● All attendances with real estate agent in checking that deposit paid by buyer.

● Prepare Client Authority & Instruction Form for you to sign for registration of the transfer of ownership to buyer.

● Receive and check your lender’s authority to discharge your mortgage if applicable.

● Prepare preliminary statement of account.

● Attend on your signing of all documentation.

● Receive repayment statement from your lender and finalise statement of account.

● Prepare for settlement.

● Attend on settlement including replaying your lender and/or releasing documents to buyer’s lawyer.

● Forward notice of sale to Council.

● Pay your sale proceeds to your nominated bank account.

● Report to you.

When additional fees apply

● Dealing with any queries as a result of the buyer obtaining a LIM or any other report on the property.

● Drafting an agreement for sale and purchase.

● Any pre-contract negotiations or advice.

● Where the property being purchased is a cross lease or unit title.

● Where the documents have been sent out for signing or you require more than one meeting to sign the documents.

● Where the property is being sold subject to an existing tenancy.

● Where the transaction is urgent.

● Any last-minute problems arising from buyer’s pre-settlement inspection of the property.

What our fee covers – refinancing

Open our file, obtain your details, prepare and forward you our letter of engagement.
Receive loan instructions from your new lender and prepare loan documents.
Request a discharge of the mortgage and repayment statement from current lender.
Check rates are up-to-date and arrange for payment of any outstanding rates.
All steps necessary to set up an eDealing for registration of the discharge of mortgage and your new mortgage with LINZ.
Receive and check your current lender’s authority to discharge your mortgage.
Prepare authority for you to sign for registration of the discharge of mortgage and your new mortgage.
Obtain insurance details and notify insurance company of new lender’s interest.
Request and receive updated insurance certificate of currency.
Prepare statement of account.
Attend on your signing of all documentation.
Forward our solicitor’s certificate and loan documentation to your new lender.
Obtain guaranteed search of title.
Prepare for settlement.
Receive new loan advance and repay current lender.
Complete registration and return securities to your new lender.
Report to you.

When additional fees apply

Any additional lender requirements if your borrowing structure involves a trust or company or guarantees.

Pre-Purchase Inspections

If you want to get the property you are buying checked by a registered Building Inspector you can find them here: https://www.nzibi.co.nz/

Land Information Memoranda (LIM Reports)

For information on what local authority your property is in go to https://www.lgnz.co.nz/local-government-in-nz/new-zealands-councils

We recommend that you obtain a Land Information Memorandum prior to you proceeding with any property purchase. These can be applied for online from:-

Wellington City http://wellington.govt.nz/services/rates-and-property/property/reports/lim

Hutt City https://www.huttcity.govt.nz/property-and-building/property/lims

Upper Hutt City https://www.upperhuttcity.com/Services/Health-and-safety/Apply-for-a-LIM

Porirua City https://poriruacity.govt.nz/services/rates-property/land-information-memorandum-lim/

Valuers

If you wish to engage the services of a valuer go to

https://propertyinstitute.nz/

http://yellow.co.nz/wellington-region/valuers or check out http://www.qv.co.nz/

Mortgage Brokers

If you wish to locate a mortgage broker go to https://mortgages.co.nz/ or check out https://sonyareid.com/for some useful information especially for first homebuyers

Unit Titles

For a useful guide on unit titles go to https://www.unittitles.govt.nz/

Overseas Ownership Issues

For information on foreign ownership of New Zealand property http://www.linz.govt.nz/overseas-investment/about-OIO

Weather tightness and Energy/Insulation Efficiency

If you are concerned about weathertightness issues check out https://www.weathertight.org.nz/

To obtain FREE independent assessment on you home’s energy/insullation efficiency, go to https://wellington.govt.nz/news-and-events/news-and-information/our-wellington/2021/03/free-home-energy-assessment

Land & Title Information

Go to http://www.linz.govt.nz/

Buying and selling a property

Buying and selling a property – New Zealand Law Society

Settled.govt.nz

House buying guide – Property Toolbox

CHECK WITH US BEFORE YOU SIGN ANYTHING!

Please don’t sign an agreement to purchase or sell your property until you have had it checked over by one of our property experts – having the right conditions with the right wording is critical and some conditional agreements can still be very difficult to get out of.

Before you sign the agreement, either have your agent email it to us or ring us on 0800 TMFLAW to arrange for us to check it

Click here to call us on 0800 TMFLAW