Property Law

The purchase and sale of a residential property, of the family home or an investment property, is for some the most important and significant purchase they will be involved in.  In recent years, complex legislation has been introduced which complicates and taxes the sale of the family home if proper legal and accounting advice is not obtained before the transaction triggers. We pride ourselves on paying attention to the details and being highly educated and up to date with legislative reforms.  With increasing demands on the residential transaction, the simplicity of by gone days is over.  Our team know the process involving banking, valuations, building, inspections, weather tightness, Kiwisaver, Homestart grants, Council requirements and LINZ title issues.  First home buyers love the support they receive from our team.  Property. It’s what we do.   

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Sale & Purchase Agreements

Many residential agreements are prepared by real estate agents and nowadays a buy/sell involves so many legal obligations that may not be able to be resolved if it is wrong. We highly recommend our clients (both vendor and purchaser) ask the agent to send us the draft agreement to review before signing. With private buy/sells, we can prepare agreements for our vendors and purchasers based on their instructions. 

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Investment Properties

Some clients are wanting to buy residential property as an investment. We can work with the client's accountants to ensure the ownership structure is correctly put in place and discuss taxation issues arising from new legislation and capital gains taxes. We can, where necessary, help incorporate the ownership company for such structure and advise on how the purchase of a residential investment property should be structured financially.

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Construction Contracts - Home & Land Packages  

We can assist with reviewing land contracts and a building contract, including staged payment plans. Construction contracts are complex with many specialist areas including sunset clauses and claims for adjustments due to rising costs and timing and building issues over a period of time.  We highly recommend you seek our advice to review a land agreement and a building agreement before signing either of them.  Additional areas that require due diligence include registered encumbrances and levies for compulsory residents association membership and annual costs.   

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Ownership Structures & Property Sharing Agreements

We are able to assist our clients in advising on how they should own a residential property and, if required, assist in putting together a Property Sharing Agreement.

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Title Documentation

We provide a comprehensive letter of advice which covers all title and registered instruments and much more.  With every residential property transaction, we review title and contract documentation, including freehold titles, cross lease titles, leaseholds, unit titles and flat owning company titles.  We review land covenants required for new buildings to ensure these are complied with.

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Unit Titles & Cross Leases

We advise purchasers on the legal estate and the details of the record title they are purchasing including fee simple, unit titles under the Unit Titles Act, cross-leases, leaseholds.  We obtain all documents required as part of a vendor’s pre-contract and pre-settlement disclosure obligations under the Unit Titles Act. 

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Due Diligence Investigations

We help with due diligence investigations of residential property which includes building inspectors, valuers, bankers, geo-tech reports, insurers, accountants and other professional advisors.

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Mortgage & Funding Assistance

We can assist our clients to obtain finance for their purchase and arrange the release of any mortgages or other charges against a property to for vendors to complete a sale.

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Code Compliance Issues / Building Act 2004

The Brightline requirements sets apart new buildings and the code of compliance certificate date is important.  Similarly are the warranties available for notified repair work and the Building Act guarantees.  We advise clients that have compliance issues in relation to a property they are selling or purchasing and have well established networks at local authorities who can assist our clients.

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Financial Documentation

We have experience in dealing with the trading banks, and most other lending institutions, to prepare their finance and security documentation as per their instructions to us. Weco-ordinate the execution of financial and legal documents and prepare/register all  security documentation. We obtain all supporting documentation from you to complete the Bank’s requirements including insurance certificates.

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Settlement

We are completely LINZ and eDealing compliant and can complete electronic settlements on behalf of our clients. Our Managing Director is a Conveyancing Professionals registered with LINZ and a registered member of the New Zealand Law Society’s Property Law Section.  We are therefore entitled to complete registration of electronic dealings. We take care of the financial settlement of any transaction as well as the legal transfer on the title and settlement including reporting to you within quick turnaround timeframes.

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New builds and "off the plan" contracts involve complex conditions that should be thoroughly reviewed before signing a construction contract. Sometimes there are two contracts involved with two separate vendors: one to purchase the land, and the other to construct the dwelling. There are many complexities to consider such as: sunset clauses, land covenants and on-going design requirements, compulsory membership of residents associations and their associated annual levies and rules, and the transfer of building guarantees or claims under warranties. Additional complications include: Brightline taxation issues and code of compliance requirements. We are experienced at dealing with complex and large scale developments involving long-term construction. Consult with us.

If you are thinking of downsizing your home and purchasing into a retirement village, we provide legal advice regarding the purchase of "occupation licences". We can review contracts before you sign, and help you to sell your existing home. If you are staying in your home, but need help to upgrade it as you age, we are also experts with "reverse mortgages". Consult with us if you need help.

With legislative changes, commercial transactions are becoming increasingly complex and sophisticated requiring expert legal advice. We provide high quality advice to commercial property owners and purchasers, landlords and tenants.  Our approach is one of technical legal expertise, but with common sense, to get the deal struck. Commercial property clients are seeking help with the following:

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Purchasing a Commercial Property

We can guide you through the process to ensure you fully understand:

• Your obligations under the agreement for sale and purchase.
• Your responsibilities under your funding arrangement e.g. guarantees.
• Your obligations as an owner occupier.
• What other professionals you will require e.g. valuers, engineers, inspectors.
• Your continuing compliance obligations as a property owner.

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Vendors – Selling a Commercial Property

If you want to sell your commercial property, we can:

• Identify the steps which should be undertaken prior to sale e.g. negotiating lease renewals and rent reviews.
• Prepare due diligence packages for prospective purchasers.
• Review contractual documentation e.g. tender documents.
• Negotiate preferred terms with marketing and real estate agents.

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Tenanting a Commercial Property

We can guide you with taking up a lease of a commercial premise by:

• Negotiating the terms of the lease to ensure it reflects your particular needs.
• Understanding your obligations under the lease.
• Strategising negotiations with the landlord including rent reviews and lease variations.

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Landlord of a Commercial Property

Whether you are a Landlord looking to lease a vacant commercial property or re-negotiate with an existing tenant, we can:

• Consider pre-leasing issues e.g. compliance issues which a prospective tenant may require.
• Assist with reviewing the credit worthiness of a tenant or guarantors.
• Preparing the lease documentation.