Property Law

Buying, selling or dealing with property? We'll help you understandevery step

We'll make sure you understand every step

Property transactions are often some of the biggest financial decisions people make. Whether you are buying your first home, selling an existing property, refinancing, investing, purchasing commercial property or undertaking a development, getting the right legal advice early can help you avoid unnecessary risk and keep the transaction moving.

At SD&S Legal Group, we provide practical, clear advice across a wide range of residential and commercial property matters. We can assist from the very beginning of a transaction - including reviewing an agreement before you sign - through due diligence, finance and other conditions, documentation and settlement.

If you are buying

We can review the agreement for sale and purchase, advise you on the title and any interests or restrictions affecting the property, help you work through your conditions and due diligence, and guide you through the legal requirements leading up to settlement. For first-home buyers, we can also assist with the legal aspects of KiwiSaver withdrawals and explain the process so you know what needs to happen and when.

If you are selling

We can advise you before the property goes to market, review or prepare the agreement for sale adn purchase, and help address the title, disclosure or other legal issues that may need to be dealt with before you commit to a sale. Once an agreement is signed, we manage the legal requirements through to settlement, including working through any conditions, liaising with your bank where an existing mortgage needs to be discharged, preparing the settlement documentation and coordinating the transfer of the property to the purchaser.

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Our property work also extends beyond standard residential conveyancing. We assist with refinancing, subdivisions and property development, as well as the sale and purchase of commercial property.

We can help with:

residential property purchases and sales
agreement for sale and purchase reviews
first-home purchases and KiwiSaver withdrawals
property due diligence
refinancing and mortgage-related transactions
commercial property purchases and sales
subdivisions and property development
settlement and conveyancing.

Most importantly, we keep you informed. Property transactions can involve tight deadlines and unfamiliar terminology, so our role is not simply to complete the legal work. We explain what is happening, identify issues as early as possible and make sure you understand the decisions you are being asked to make.

How our property team can assist

From your first home through to commercial property and development, we provide practical legal advice across a wide range of property transactions.

Buying PropertyWe can review your agreement before you sign, advise on appropriate conditions, review the title and property documentation, assist with due diligence and guide you through finance, KiwiSaver and settlement requirements.

Selling PropertyWhether you are preparing to put a property on the market or already have an agreement in front of you, we can review or prepare the agreement, deal with legal issues as they arise and manage the transaction through to settlement.

First-Home PurchasesBuying your first home involves a lot of moving parts. We help you understand the agreement, conditions, title, due diligence and settlement process, and can assist with the legal requirements for a KiwiSaver first-home withdrawal where applicable.

RefinancingIf you are changing lenders or restructuring your lending, we can work with you, your bank or mortgage adviser to complete the legal documentation, discharge existing securities and register your new lending arrangements.

Commercial PropertyWe advise on the purchase and sale of commercial property, including agreement review, due diligence, title matters, finance conditions and settlement.

Subdivisions and Property DevelopmentWe can assist with the legal aspects of subdivisions and property development, including title matters, easements, covenants and the documentation required as a development progresses.

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Need help with a property matter?

Whether you’re buying, selling, refinancing or simply weighing up your options, get in touch with our property team. We’ll help you understand where you stand and what the next steps are.

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Can you review an agreement before I sign it?

Absolutely - and ideally we should. An agreement for sale and purchase becomes legally binding once it is signed by both parties, so having it reviewed beforehand gives us an opportunity to explain the terms, identify potential issues and recommend conditions appropriate to your circumstances.

What's the difference between a LIM report and a title search?

A LIM (Land Information Memorandum) is issued by the local council and contains information it holds about the property, such as building consents, drainage, rates and other property-related matters. A title search records the legal ownership of the property and registered interests such as mortgages, easements and covenants. Both form important parts of your due diligence.

I'm a first-home buyer - is the process different for me?

The legal process is broadly the same, but first-home buyers often have some additional considerations, particularly around KiwiSaver withdrawals, finance requirements and understanding the conditions in the agreement. We guide you through each step and coordinate the legal requirements with your lender, mortgage adviser and other parties involved.

What conditions should I include when buying a property?

That depends on the property and your circumstances. Common conditions can include finance, LIM report, building report and other due diligence. Before you sign, we can review the proposed agreement and advise whether additional or amended conditions may be appropriate.

What actually happens on settlement day?

Before settlement, we complete the required legal documentation, confirm the settlement figures and arrange for funds to be available. On settlement day, the lawyers for each party complete the financial and legal aspects of the transaction. Once settlement has been confirmed, the purchaser can usually obtain possession in accordance with the agreement.