Selling a House
Insight
Selling a house involves more than finding a buyer. Agreements, disclosures, conditions, settlement arrangements and existing lending all need to be handled correctly to avoid disputes. A property lawyer or conveyancer helps you prepare, review and finalise documents so that settlement proceeds smoothly and your legal obligations are met.
Whether you are selling a family home, an investment property, a tenanted unit or a lifestyle block, you need to understand what must be disclosed, how to manage buyer conditions and what is required from your bank for discharge of any mortgage. You also need clarity on chattels, settlement dates and vacant possession.
People usually seek help when they receive an offer, want conditions explained or are unsure how to respond to buyer requests for repairs, price changes or settlement extensions. This guide outlines the main steps and common issues when selling a house in New Zealand.
Key Steps When Selling a House
Tip:
Clarify early which chattels are staying with the property and record them clearly in the agreement to avoid disputes later.
Selling typically starts with appointing a real estate agent or arranging a private sale. You should speak to a lawyer early so they can review the agency agreement, advise on marketing materials and help with any pre-sale documents such as LIMs or building reports.
When an offer is received, your lawyer reviews the sale and purchase agreement, explains the conditions and suggests amendments if required. Once the agreement is signed, you wait for the buyer to work through their conditions. Your lawyer monitors deadlines and keeps you informed of any extension or variation requests.
As settlement approaches, your lawyer obtains payout figures from your lender, prepares discharge documentation, confirms final settlement statements and coordinates keys with the agent. On settlement day, funds are received, mortgages are discharged and the transfer is registered with LINZ.
Step 1
Pre-Sale Preparation
Discuss your plans with a lawyer, review agency agreements and consider obtaining LIMs or reports that buyers may request.
Step 2
Reviewing Offers
Your lawyer reviews offers, explains conditions and helps you negotiate changes to dates, price or special conditions.
Step 3
Conditional Period
The buyer works through finance, building and LIM checks. Your lawyer monitors deadlines and advises on extension or variation requests.
Step 4
Settlement Planning
Your lawyer obtains payout figures from your bank, prepares discharge documents and confirms numbers in settlement statements.
Step 5
Settlement and Handover
On settlement day funds are received, mortgages are discharged and the transfer is registered before keys are released to the buyer.
Common Issues When Selling
Common pitfall:
Agreeing informal side arrangements about chattels, repairs or timing that are not properly recorded in the written agreement.
Common issues for sellers include disagreements about chattels, buyers seeking price reductions after building reports, delays in the buyer obtaining finance, and disputes about repairs agreed before settlement. Tenanted properties can create additional complexity, particularly around notice periods and access for viewings.
Sellers of cross-lease or unit-title properties may face questions about flats plans, body corporate decisions, outstanding levies or unconsented changes. Lifestyle block sellers often need to deal with access, water supply, wastewater systems and stock management information.
For further context, see the guides on cross-lease properties, unit-title issues and rural and lifestyle blocks.
Costs When Selling a House
Costs when selling include legal fees, real estate commission (if using an agent), marketing costs and any reports you choose to provide. Legal fees for a straightforward sale are often fixed, covering agreement review, discharge of mortgage and settlement work.
Fees may increase if there are complex title issues, disputes about conditions, bridging finance, multiple titles, or if you are selling through a trust or company with additional documentation. For typical ranges and what affects pricing, see the property lawyer costs guide.
How to Choose a Lawyer When Selling
Look for a lawyer or conveyancer who regularly acts for vendors and is comfortable working to tight timelines around auctions and deadlines. Ask how quickly they can review offers, how they handle buyer requests for changes and what support they provide if settlement is delayed.
If you are selling an investment property or lifestyle block, ask about their experience with tenancies, cross-leases, unit titles or rural issues. Clear communication throughout the sale can reduce stress and help you respond confidently to buyer questions.
Find a Lawyer for Selling a House
Explaining what you are selling, whether the property is tenanted, and how you plan to sell (auction, tender or negotiation) helps match you with lawyers who regularly assist vendors in similar situations. This can make contract reviews and settlement planning more efficient.
By sharing your preferred settlement dates, any existing lending and whether you have already received offers, you can receive more targeted advice from the outset.
Need help with a house sale?
Tell us about the property and your timelines to get matched with property lawyers.
Frequently Asked Questions
Do I need a lawyer before listing my property for sale?
It is sensible to speak to a lawyer before you sign an agency agreement or accept any offer. They can review the agreement, advise on disclosures, help with special conditions and confirm what documents you should have ready, such as CCCs, LIM reports or body corporate records.
What disclosures am I required to make as a seller?
Sellers should disclose known issues that might materially affect a buyer’s decision, such as unconsented works, leaks, significant damage, or disputes involving the property. Your lawyer can advise on what should be documented and how to manage information provided through LIMs, building reports and pre-contract enquiries.
How does selling a tenanted property work?
If the property is tenanted, you need to decide whether it will be sold with the tenancy in place or with vacant possession. This affects notice periods, contract conditions and the timing of settlement. Your lawyer can help ensure the agreement reflects your intentions and complies with Residential Tenancies Act requirements.
What happens if the buyer’s finance falls through?
If the buyer cannot confirm finance by the due date, you may agree to extensions or negotiate changes, but you are not required to do so. If conditions are not satisfied, the agreement may cancel. Your lawyer can advise on your rights and options if the buyer defaults or requests changes close to settlement.
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 Selling a House
Selling a property involves preparing the agreement, disclosing known issues, managing conditions and coordinating settlement. Sharing a short description of the property, how you plan to sell and your timelines helps match you with property lawyers who regularly assist vendors.
By explaining whether you are selling a home, investment property, apartment or lifestyle block, and whether it is being sold with a tenancy, you can connect with professionals who understand the documents and risks involved.