Aug 10

New Zealand Residential Property Sale and Purchase Agreement Guide

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Author: Ashton Sanders

If you`re looking to buy or sell residential property in New Zealand, it`s important to have a thorough understanding of the legal process involved in a property sale and purchase agreement. By having a clear understanding of the process, you can protect yourself and ensure a smooth transaction. Below is a comprehensive guide to help you navigate the process.

The Sale and Purchase Agreement

The sale and purchase agreement is a binding legal document that outlines the terms and conditions of the property sale. It`s important to get legal advice and review the agreement before signing it. The agreement includes details such as the sale price, settlement date, conditions of the sale, and any additional items included in the sale (such as chattels).

Title Search and LIM Report

Before signing the agreement, it`s recommended to conduct a title search and Land Information Memorandum (LIM) report. A title search provides details on the current ownership and any encumbrances on the property, such as liens or mortgages. A LIM report provides important information about the property, such as zoning, building permits, and any potential hazards.

Sale and Purchase Process

Once the agreement has been signed, there are several steps involved in the sale and purchase process. These include confirming the finance, arranging for a building inspection, and finalizing the details of the sale with your lawyer. It`s important to have open communication with your lawyer and real estate agent throughout the process to ensure a smooth transaction.

Settlement and Possession

Once all conditions of the sale have been met, and the sale price has been paid, the property can be settled. At this point, the property will change ownership, and the buyer can take possession. It`s important to note that possession and settlement occur on two separate dates, with possession typically occurring on the settlement date.

In conclusion, buying or selling residential property in New Zealand can be a complex process that requires a firm understanding of the legal requirements involved. By following the above steps and seeking the advice of a qualified lawyer and real estate agent, you can protect yourself and ensure a successful transaction.

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