The Property Buying Process in New Zealand: A Step-by-Step Guide


Buying a property in New Zealand involves several steps that you need to be aware of to ensure a smooth and successful transaction. Here’s a breakdown of the process, from planning to taking possession:


1. Plan & Negotiation Phase:
During this phase, you aim to secure the property by signing a sale and purchase agreement, agreeing on the price and contract terms. This agreement does not make you obligated to buy the property but grants you the right to proceed with the purchase after completing due diligence.


2. Conditional Contract & Due Diligence:
Once you have a property under contract, it’s essential to conduct thorough due diligence to ensure it meets your expectations. This includes obtaining a Land Information Memorandum (LIM), a building inspection by a qualified builder, a registered valuation by an expert valuer, a rental appraisal from an experienced property manager, and securing an unconditional offer of finance.


3. Unconditional Contract:
If you are satisfied with your due diligence, instruct your solicitor to confirm that all conditions of the contract have been met. This makes the contract unconditional, legally obligating you to purchase the property.


4. Pay Deposit:
After the contract becomes unconditional, you will need to pay the deposit. It is preferable to pay the deposit on the unconditional date and obtain a receipt. The deposit is typically paid to the agent’s trust account or the solicitor’s trust account for private transactions.


5. Loan Documentation Signing:
Between the unconditional date and the settlement date, you enter the period where you are legally committed to owning the property but have not yet taken possession. Inform your bank or broker about going unconditional to prepare the loan documents. Your solicitor will check and have you sign the documents, including mortgage-related papers, which are then registered with Land Information New Zealand (LINZ).


6. Final Check of Property:
One day before the settlement date, conduct a final check of the property to ensure its condition aligns with the purchase agreement. Verify that the included chattels are still present.


7. Settlement – Money Changes Hands:
Confirm your satisfaction with the property to your solicitor. The bank transfers any borrowed money to your solicitor’s trust account, and you pay any outstanding deposit. Your solicitor receives a settlement statement from the vendor’s solicitor, detailing the amount to be paid at settlement, including the balance of the purchase price, prepaid rates, and penalty interest if applicable. If there is an existing tenant, ensure a bond transfer is signed. Your solicitor prepares a settlement statement for you, including their fees. After your approval, your solicitor transfers the money due to the vendor to their solicitor’s trust account. The vendor’s solicitor acknowledges the completion of settlement, and your solicitor informs you.


8. Take Possession:
At this point, you legally own the property and can collect the keys. Expect to receive a copy of the new title, bearing your name, from your solicitor by mail.

By following these steps, you can navigate the property buying process in New Zealand with confidence and ensure a successful outcome.

 

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