Your Property Conveyancing Questions Clearly Answered
Property Conveyancing FAQs
Clear Answers to Common Property Questions
Property transactions involve unfamiliar language, important deadlines and decisions that can affect your finances and future. We have answered some of the questions clients commonly ask about buying, selling, refinancing and other property matters. Every situation is different. Contact Conveyancing Plus for advice based on your circumstances.
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Buying a Property
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First-Home Buyers and KiwiSaver
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Selling a Property
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Property Refinancing
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Co-ownership and Family Transfers
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Property Subdivisions
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Commercial Property and Business Transactions
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Wills and Estate Planning
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Conveyancing Fees
Buying a Property
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Ideally, before signing the Sale and Purchase Agreement. This gives your conveyancer time to review the agreement, explain the conditions and identify potential risks. If you have already signed a conditional agreement, contact us as soon as possible.
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Yes. Once the buyer and seller have signed, the agreement is legally binding, subject to any conditions it contains. Having it reviewed first helps make sure the conditions provide appropriate protection and that you understand what you are agreeing to.
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Checks may include the Sale and Purchase Agreement, property title, LIM, easements, covenants, ownership details and finance conditions. The exact work depends on the property and your circumstances.
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A conditional offer depends on certain requirements being met. Common conditions include finance, a LIM review, a building report or due diligence. The agreement should clearly state the conditions, deadlines and what happens if a condition is not satisfied.
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The available options depend on the wording of the agreement and its conditions. You may be able to request further information, negotiate with the seller or cancel the agreement. Contact your conveyancer before the relevant condition deadline.
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Once an agreement is unconditional, both parties are generally committed to completing the transaction. The deposit may become payable and preparations for settlement begin. It can be difficult and costly to withdraw after this point.
First-Home Buyers and KiwiSaver
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Ideally, before signing the Sale and Purchase Agreement. This gives your conveyancer time to review the agreement, explain the conditions and identify potential risks. If you have already signed a conditional agreement, contact us as soon as possible.
-
Yes. Once the buyer and seller have signed, the agreement is legally binding, subject to any conditions it contains. Having it reviewed first helps make sure the conditions provide appropriate protection and that you understand what you are agreeing to.
-
Checks may include the Sale and Purchase Agreement, property title, LIM, easements, covenants, ownership details and finance conditions. The exact work depends on the property and your circumstances.
-
A conditional offer depends on certain requirements being met. Common conditions include finance, a LIM review, a building report or due diligence. The agreement should clearly state the conditions, deadlines and what happens if a condition is not satisfied.
-
The available options depend on the wording of the agreement and its conditions. You may be able to request further information, negotiate with the seller or cancel the agreement. Contact your conveyancer before the relevant condition deadline.
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Once an agreement is unconditional, both parties are generally committed to completing the transaction. The deposit may become payable and preparations for settlement begin. It can be difficult and costly to withdraw after this point.
Selling a Property
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You can contact us before listing the property or as soon as you receive an offer. Starting early allows time to check the title and identify issues that could affect the sale.
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Your conveyancer reviews the agreement, manages its conditions, responds to the buyer’s conveyancer, prepares settlement documents, works with your bank, transfers ownership and arranges payment of the remaining sale proceeds.
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Your conveyancer works with the bank to repay the secured lending and discharge the mortgage from the property title as part of settlement.
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Common causes include title problems, unconsented building work, missing documents, finance issues, ownership complications and unanswered questions from the buyer. Identifying possible problems early can help prevent last-minute delays.
Property Refinancing
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Usually, yes. When changing lenders, the current mortgage normally needs to be discharged and a new mortgage registered. Your new bank will also require an independent professional to explain the documents and complete the legal work.
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Contact us when your new lending is approved, or earlier if the refinance involves changing ownership, transferring property to a trust, using several properties as security or restructuring more complex lending.
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Timing depends on the banks involved and the complexity of the transaction. Providing your identification, loan information and instructions early can help the process run smoothly.
Co-ownership and Family Transfers
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A co-ownership agreement records how jointly owned property will be managed. It may cover deposits, ownership shares, mortgage payments, expenses, decision-making and what happens if someone wants to sell or leave the arrangement.
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Sometimes. Independent advice may be required if the parties have different interests or the arrangement could create a conflict. We will explain when separate advice is appropriate.
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Potentially, but the change may require approval from the lender and could affect tax, trusts, relationship property or estate planning. Seek advice before agreeing to the transfer.
Property Subdivisions
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Ideally, during the early planning stage. A conveyancer can check the title, mortgages, easements, covenants and ownership arrangements before the project progresses too far.
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A subdivision may involve a surveyor, planner, engineer, council, lender, accountant and conveyancer. More complex projects may require other property or legal specialists.
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Potentially, but the lender will need to be involved. Mortgage changes or partial discharges may be required before the new titles can be issued.
Commercial Property and Business Transactions
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Before signing it. A commercial lease can create significant long-term obligations involving rent, renewals, operating expenses, maintenance, permitted use and guarantees.
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Yes. We can assist with agreements, conditions, due diligence, commercial leases and settlement. Other advisers, including accountants, may also need to be involved.
Wills and Estate Planning
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Review your will after significant changes involving relationships, children, property, business interests, trusts or finances. It is also sensible to review it regularly to make sure it still reflects your wishes.
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An Enduring Power of Attorney appoints someone you trust to make certain decisions for you if you become unable to do so. Separate documents cover property and financial matters and personal care and welfare.
Conveyancing Fees
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Fixed fees are available for many standard property transactions. Your written quote will explain what is included and identify any likely additional costs.
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Disbursements are costs paid to other organisations as part of the transaction. They may include title searches, Land Information New Zealand registration fees, identity checks and other required searches.
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Extra fees may apply if the transaction becomes more complex, urgent or different from the original instructions. We will explain the additional work and likely cost wherever possible before proceeding.
Still Have a Question? Tell us what you are planning and where you are in the process. We will help you understand your options and what needs to happen next.
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