Buying A House
Buying a home is one of the largest financial decisions most people make. In New Zealand, the process usually involves making an offer on a sale and purchase agreement, working through a conditional period, confirming finance and other checks, and settling on the agreed date. A property lawyer or conveyancer helps you understand the agreement, manage conditions and ensure that the transfer and mortgage are correctly registered.
Whether you are a first-home buyer using KiwiSaver, an investor purchasing another property, or someone returning from overseas, it is important to understand how conditions, LIM reports, titles and building reports fit together. Many issues that affect value and risk are not obvious at open homes and only emerge when documents are reviewed carefully.
People typically search for help when they have found a property they like, are asked to sign an agreement quickly, or receive reports raising questions about unconsented work, natural hazards or weathertightness. This guide explains the key stages of buying a house in New Zealand and how a property lawyer can support you.
Key Steps When Buying a House
Tip
Always have your agreement checked before signing, especially for auctions where the agreement becomes unconditional if you are the successful bidder.
Most house purchases follow a similar pattern. Before making an offer, you should talk to a lender or mortgage adviser about your borrowing capacity and consider any conditions you need. Your lawyer can review the draft sale and purchase agreement, advise on appropriate conditions and check the title for obvious issues.
Once your offer is accepted, the conditional period starts. During this time you organise finance, building reports, LIM checks and any other due diligence you have agreed. Your lawyer helps you interpret the documents, communicate with the other party and decide whether to confirm, renegotiate or cancel the agreement.
After conditions are satisfied, you prepare for settlement. Your lawyer coordinates with your lender, prepares mortgage documentation, arranges for you to sign and confirms final settlement figures. On settlement day, they transfer funds, register the transfer and mortgage with Land Information New Zealand (LINZ) and confirm when keys can be released.
Step 1
Finance and Pre-Approval
Confirm your borrowing capacity with a lender or adviser and understand any conditions they will require before lending.
Step 2
Review the Draft Agreement
Your lawyer reviews the sale and purchase agreement before signing, suggests conditions and highlights unusual clauses.
Step 3
Conditional Period and Due Diligence
Arrange building reports, LIM, title checks and any extra investigations. Your lawyer explains what the reports mean for your decision.
Step 4
Confirm or Cancel Conditions
Based on advice, you decide whether to go unconditional, renegotiate or cancel. Your lawyer documents and communicates this formally.
Step 5
Settlement Preparation
Your lawyer coordinates with your lender, prepares mortgage documents and confirms settlement figures and timing.
Step 6
Settlement and Possession
On settlement day funds are transferred, the transfer and mortgage are registered and you receive confirmation that keys can be collected.
Common Issues Buyers Encounter
Common pitfall
Agreeing to go unconditional quickly to secure a property, then discovering issues with the LIM or building report that are difficult to negotiate once conditions are removed.
Common issues for buyers include discovering unconsented works in the LIM, boundary discrepancies, cross-lease complications, unit-title levies or weathertightness concerns. Some buyers also find that the property does not meet bank requirements, such as minimum size for apartments or construction type restrictions.
Other problems arise from short conditional periods, unclear chattels, misaligned expectations about settlement dates or vendors not completing agreed repairs. Getting legal advice early helps you understand your options if a report reveals problems or if the other party is not meeting their obligations.
For more detail on specific topics, see the guides on cross-lease properties and unit-title issues.
Costs When Buying a House
Buying a house includes legal fees, building report costs, council LIM fees, valuation fees (if required by your lender) and sometimes KiwiSaver or First Home Grant administration. Many firms offer fixed-fee packages for straightforward purchases, which typically cover agreement review, basic due diligence, mortgage documentation and settlement.
Costs may be higher where there are complex title issues, cross-lease or unit-title documents, trusts or companies involved, or urgent timeframes. For more information on likely ranges and factors that influence pricing, see the property lawyer costs guide.
How to Choose a Lawyer When Buying
When buying, look for a lawyer or conveyancer who regularly assists with residential purchases in the area where you are buying and who can explain documents in clear language. Ask about their availability for urgent contract reviews, whether they offer fixed fees and how they prefer to communicate (phone, email or online portal).
First-home buyers may benefit from a firm experienced with KiwiSaver withdrawals and First Home Grants. Investors might prioritise speed, experience with multiple property transactions and coordination with accountants or financial advisers.
Find a Lawyer for Buying a House
Explaining where the property is, whether it is an auction or private treaty, and what concerns you have about reports or timing can help match you with lawyers who handle similar purchases every week. This avoids repeating your story to multiple firms and gives you clearer options faster.
By outlining whether the property is freehold, cross-lease, unit-title or rural, and whether you are using KiwiSaver or a First Home Grant, you help focus the advice you receive from the outset.
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Frequently Asked Questions
When should I contact a lawyer when buying a house?
Ideally you should contact a lawyer before signing the sale and purchase agreement or registering for an auction. They can review the draft agreement, suggest conditions, check title and LIM documents and explain the process before you are committed.
Do I need a lawyer if the agreement is standard ADLS/REINZ?
Yes. Even standard-form agreements are often varied by additional clauses and conditions. A lawyer can explain what you are agreeing to, check that the clauses reflect what was discussed, and identify any unusual terms that might increase your risk.
Can I make an offer without finance pre-approval?
You can, but it is generally safer to have at least an indication of what your lender is prepared to offer. Your lawyer and mortgage adviser can help you structure finance conditions so you have time to obtain confirmation before becoming unconditionally bound.
What is a typical conditional period for a house purchase?
Conditional periods commonly range from 5 to 10 working days for finance, building reports and LIM checks. In tighter markets, buyers may agree to shorter periods, but this increases risk. Your lawyer can help you negotiate realistic timeframes based on council processing and report availability.
Do I need separate legal advice if I am buying with a partner or family?
If you are buying with a partner, whānau or friends, you should discuss ownership structure and any relationship property or co-ownership agreement. Your lawyer can explain options such as joint tenancy, tenants in common and trust ownership, and when independent advice may be required.
You don’t need all the answers
Property issues can feel overwhelming — especially when you’re facing deadlines. Sharing a few details about your situation is enough for a lawyer to understand the context and guide you through the next steps.
Get Help From a Property Lawyer When Buying a House
Buying a home involves agreements, conditions, reports, lending and tight timelines. Sharing a short summary of the property, how you found it and where you are in the process helps match you with property lawyers who regularly assist with purchases like yours.
By outlining the property type, location, whether you are buying at auction or by negotiation, and any concerns you have about the LIM, building report or title, you can connect with professionals who understand the work involved. While this does not guarantee representation, it helps you find suitable options faster.