When do I need to involve a lawyer when buying a house?
Purchasing a home is a major milestone, filled with both excitement and a fair share of challenges. Whether you're in Napier or elsewhere in New Zealand, understanding when and why you need a lawyer for conveyancing can save you time, stress, and even money. At Legal Matters, our dedicated team of Napier lawyers are here to guide you through the property transaction process with ease.
In this article, we’ll walk you through the steps of the house purchase process, explain what an offer is and the key points to include in it, introduce you to conveyancing, and explain why talking to a lawyer early on really matters.
We’ve created this for first home buyers but is relevant if you want a refresher or if it’s a long time since you bought your last home, or are buying an investment property.
First Up, What is Conveyancing?
Conveyancing is the legal process of transferring property ownership from one person to another. Whether you’re buying or selling, your conveyancer ensures that the transaction is carried out smoothly, legally, and without complications.
This involves:
- preparing or reviewing contracts
- carrying out searches
- checking the property title
- making sure all legal requirements are met before the property officially changes hands
A lawyer or a licensed conveyancer handles all the legal paperwork, and ensures your interests are protected during the sale or purchase. Our Napier lawyers at Legal Matters have helped to transfer ownership of hundreds of Hawke’s Bay properties and aim to make the process simple and stress-free.
At Legal Matters, we’ll be there every step of the way, ensuring that your conveyancing process is smooth and stress-free.
How Does the House Buying Process Work?
Whether you're buying or selling, the process follows a general path. Here’s how it usually goes:
1. Getting Your Offer Ready:
When you’re buying a home, you’ll make an offer to the seller. This offer is essentially a written contract with your conditions and terms - such as price, settlement date, and any other requirements (e.g., you might want the seller to fix something before you buy).
PRO TIP: At this point you can save money by not engaging a lawyer formally to develop the offer, but we do recommend you make contact. This serves two purposes - starting the relationship early, and ensuring a few key items are included in the offer that the real estate agent will draw up for you (see below for a list of things we recommend).
Once agreed upon, the offer becomes a legally binding contract.
Call us for a free 15-minute chat to get started
2. Engaging a Lawyer:
Once the offer is in play, it's time to involve a lawyer for conveyancing. Your lawyer can review the terms and conditions of the offer and make sure it’s fair and legally sound.
At Legal Matters, we will go over everything with you, making sure there are no hidden surprises or complications.
Prior to engaging our legal services officially, we will be clear on our rates and terms of engagement so that you are informed and confident in the process before we start work.
Getting started is a matter of a simple email or 15-min phone call (at no charge).
3. Due Diligence:
Once your offer is accepted, we’ll guide you through due diligence. This includes checking the terms of the agreement, checking the property title, verifying there are no outstanding issues (such as debts or legal disputes), and ensuring that the property meets all necessary requirements.
4. What Happens if New Information Comes to Light?
During the due diligence process or after an offer has been made, new information might come to light that could affect the sale. A common example is a building inspection report, which might reveal issues with the property, such as structural problems or repairs that need to be made. In such cases, the buyer and seller may need to revisit the terms of the agreement.
As the buyer, you might ask the seller to repair the issues before you proceed, or negotiate a reduction in the price to cover the costs of repairs.
If the new information significantly changes the terms of the agreement, it could lead to a renegotiation or an extension of time to allow for repairs or further investigations. In some cases, if the conditions of the offer or the contract cannot be met or renegotiated, it might be necessary to cancel the agreement.
Your team at Legal Matters in Napier will be essential in handling these situations, helping you navigate the legal implications and ensuring that any amendments or decisions are legally sound. If necessary, we will help you make the appropriate amendments to protect your interests.
5. Going “Unconditional”:
When any conditions in the contract have been confirmed or waived the agreement becomes “unconditional”. That means neither party can get out of it without penalty. Often this is also when the deposit becomes payable. In the period between the unconditional date and the settlement date the parties will need to meet with their lawyers to sign the legal transfer documents required by Land Information New Zealand to register the change of ownership. If you are buying with a loan from a bank this would also be when you sign any bank loan documentation.
6. Final, Exciting Steps: Settlement Day
When everything’s in order, the transaction will be completed on the settlement date. This means that on this day, your lawyer will make the final payment on your behalf and you will receive the keys!
PRO TIP
What Should You Include in Your Offer?
An offer is a legal document, and it’s critical to get the details right. Your real estate agent will help you draft your offer, but it’s essential to make sure certain conditions are included. Here’s what you should think about (and make sure they include):
Price and Deposit: This is the price you are willing to pay for the home and the amount of deposit you’ll pay upfront.
Conditions: These might include things like securing finance or getting a satisfactory builder’s report. If you want the property to be professionally cleaned before moving in, you can make that a condition as well.
Settlement Date: This is when the transaction is finalised. You’ll need to decide on a date that works for both you and the seller.
Solicitor’s approval: Especially if you're the buyer, ensure that your lawyer has the right to check the contract terms and conduct title and land registry checks to make sure the seller has clear ownership of the property.
Chattels: Make sure to specify what stays with the property—whether that's appliances, curtains, or garden sheds.
Why Involve a Lawyer Early?
Engaging a lawyer early in the conveyancing process can save you time, money, and potential headaches down the line.
We’ll make sure your offer is clear, balanced, and legally sound, so you don’t run into issues after you’ve signed the dotted line.
Let Us Help You
At Legal Matters, we believe in clear, straightforward advice that’s tailored to your needs. Our team of Napier lawyers has years of experience in property law and conveyancing, and we’re here to guide you through every step of the process.
Not sure about the next steps?
Give us a call - we can run you through the conveyancing process, at no charge. We’ll answer your questions, explain the legal details in simple terms, and give you the clarity you need to move forward confidently.
Once you’re ready, we’ll set up a meeting to discuss fees and the terms of engagement, so you know exactly what to expect. We pride ourselves on being transparent and approachable, so there are no surprises.
Final Thoughts
Involving the right lawyer in the house sale or purchase process is essential to ensure everything goes smoothly and legally. At Legal Matters, we’ve designed our services to make property transactions clear, easy, and stress-free for everyday New Zealanders. Whether you're buying or selling, we’ve got your back.
So, if you’re ready to make your next move, don’t hesitate to get in touch with our Napier lawyers. Let’s make your property journey stress-free, together.
Send us a message or call today for a no-obligation, free chat.
Appointments are available online or at our Napier office.
Choosing the right lawyer matters, because the quality of legal advice can have a big impact on your life. That’s why we take our role as your lawyer so seriously.
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