Here, we answer some of the most frequently asked questions about New Zealand lawyers and how they can help you sell property in New Zealand.

Question: What is conveyancing?
Conveyancing is the legal process by which a property owner transmits his title over said property to another. This process includes preparatory activities such as the drafting of the required documentation necessary for the transfer. The transfer can now be made either through the actual title or online, via the Government’s e-dealing facility.

Question: Do I need to hire a New Zealand lawyer before I can buy or sell property?
Absolutely. Lawyers and conveyancing are inseparable in New Zealand. You need lawyers to ensure that your rights as buyer or seller are protected. In addition, if the purchase involves investors or creditors, their interests will have to be protected as well. It is the lawyer’s job to have a mortgage debt annotated on the title of the property, or to have the mortgage lien released upon repayment of the debt to the bank.

Question: What makes up the cost for conveyancing?
The cost will necessarily differ depending on which law firm you eventually decide to hire. But typically, the cost can consist of the lawyer’s professional fee, documentary stamp taxes, disbursements, which are expenses paid by lawyers to third parties such as registration fees, council fees and others.

Question: How do I choose the right lawyer to handle my conveyancing affairs?
Aside from the cost, you should also consider if Property Law is among the firm’s list of expertise. It is also convenient to hire a law firm within your vicinity so it’s easy to drive back on forth for documents that need to be signed. Other questions that you should ask: whether or not the firm is offering full conveyancing services; whether or not it has Professional Indemnity Insurance; and how they intend to communicate the progress and developments to you.

Question: When conveyancing lawyers expect to be paid?
Typically, payment is due once the convenyancing transaction has been completed, which means either on the day of the settlement or before such date, within which your lawyer should have supplied you with a statement of the full amount that the other party requires.

Conveyancing can be a tricky and complicated process, depending on such factors as the character and nature of the property you are buying or selling, the number of parties involved in the transaction, and the presence or absence of other liens, such as mortgages constituted on the property involved. Fortunately, a New Zealand lawyer that purports to be an expert on conveyancing typically can be safely presumed to be knowledgeable on the matter. So once you’ve decided on a lawyer, you can rest assured that all the details will be ironed out.