When should I engage a Lawyer when I am buying or selling a property?

Buying and selling property can be a stressful time for many people and we aim to make the process as smooth as possible for clients. One way of achieving this is by getting us to check the Agreement for Sale and Purchase (Agreement) before you sign it so that we can ensure your interests are protected.

This does not delay the process and can often avoid issues that could become costly for you in the future.

Often the Agreement may need to be made conditional upon certain things. For example, if you were buying a property, the Agreement may need to be conditional upon you obtaining the finance you need, or upon you obtaining and approving LIM and building reports for the property.

If you are purchasing a property, we will advise in relation to the conditions that may be required, your eligibility to buy property in New Zealand, KiwiSaver withdrawals and time frames.

If you are selling a property, we will advise you on such things as your obligations with respect to work carried out to the property, defects in title and the Brightline test.

Some people mistakenly think that the inclusion of a “solicitor’s approval” condition in the Agreement gives their solicitor the right to cancel or amend the Agreement, after it has been signed, should they be dissatisfied with any aspect of the Agreement. However, a lot of “solicitor’s approval” conditions are poorly worded, of little value and should not be relied upon.

By Cathy Booth | Legal Executive
The information contained in this article is provided for informational purposes only and should not be construed as legal advice on any subject matter. 

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