Top 10 buying and selling property questions people ask our Christchurch law team

Navigating property transactions can be complex, especially in Christchurch's dynamic real estate market. At our Christchurch law firm, Weston Ward and Lascelles, our property lawyers in Christchurch frequently address these common questions from clients. Whether you're a first-home buyer, seasoned investor, or selling your family home, understanding these aspects of property conveyancing will help ensure a smooth transaction.

1. What exactly does a property lawyer do during a property transaction?

Our Christchurch property lawyers handle all legal aspects of a property transaction, including reviewing and drafting the Sale and Purchase Agreement, conducting thorough title searches, liaising with your bank regarding mortgage documentation, managing settlement processes, and ensuring proper transfer of ownership. Essentially, we take the reins (and the stress) from you and take control of the house buying or selling process to make sure potential pitfalls are identified and fixed, everything is legal, and your interests protected.

2. When should I engage a property lawyer in the buying or selling process?

The short answer is yesterday. The longer answer is that ideally, you should contact us before signing any agreements. Early engagement allows us to review documents, explain conditions, and identify potential issues before you're legally committed. For sellers, we can help prepare your property's legal documentation in advance, making your property more attractive to serious buyers and streamlining the conveyancing process. However, if you have already signed paperwork and have not instructed a law firm, don’t panic – you aren’t the first people, and you won’t be the last. Contact our property law team in our Christchurch offices at your earliest convenience.

3. What are the risks of purchasing a property without proper legal advice?

Without quality property law advice in Christchurch, buyers risk overlooking critical issues such as title defects, council compliance matters, boundary disputes, or easements that might impact property value and enjoyment. Unfortunately, Weston Ward and Lascelles’ property lawyers have seen many cases where buyers faced significant, yet avoidable with proper legal representation, unexpected costs or legal complications. Nobody likes the idea of having to pay for legal services, until its too late. It is more cost efficient to pay for legal advice before any issue has snowballed. 



4. What costs should I budget for beyond the purchase price?

Beyond the value of the property, you'll need to budget for legal fees, LIM report costs, building inspection fees, mortgage application fees, and Land Office registration fees. Weston Ward and Lascelles property lawyers provide transparent fee structures and help clients understand all potential costs upfront, preventing unwelcome surprises during the process.

5. What conditions should I include in my Purchase Agreement?

Standard conditions often include obtaining finance, obtaining insurance, satisfactory building report, satisfactory LIM report, and approval of title. However, each property transaction is unique. Our property lawyers collaborate with clients to tailor specific conditions to protect their interests, whether they relate to rental guarantees, repairs before settlement, or specialised inspections for issues like weathertightness or earthquake damage – particularly relevant in the Christchurch market. Our team is incredibly experienced in the Canterbury and Christchurch property market and have invaluable local knowledge which they bring with them to each property transaction.

6. How does the Brightline test NZ affect my property transaction?

Not nearly as much as it did prior to 1 July 2024.

If after 1 July 2024 you sell a residential property within 2 years of having purchased it (that has not been your main home for over half the time you have owned it) any capital gain you have made on the sale will be taxable at your personal income tax rate.   

The Brightline test determines whether you need to pay income tax. However, there are exclusions that can be explored. Our business consulting services include advising on tax implications of property transactions and how they might impact your specific situation under current New Zealand property laws.

Again, it’s important to seek legal advice prior to signing any sale contract.

7. What are the implications of purchasing a property in a trust or company?

Purchasing through a trust or company structure can offer asset protection, succession planning benefits, and potential tax advantages. However, it also involves additional legal requirements and ongoing compliance obligations. Our business lawyers can advise on the most appropriate ownership structure based on your specific circumstances and goals.



8. How do relationship property laws affect my property purchase?

New Zealand's relationship property laws can significantly impact property ownership, particularly for couples (married, civil union, or de facto relationships). Properties acquired during a relationship are generally considered relationship property and subject to equal division if the relationship ends. Our relationship law NZ experts advise on protection mechanisms such as contracting out agreements (prenuptial agreements) to clarify property ownership intentions.

9. What should I know about buying a post-earthquake property in Christchurch?

Christchurch's unique post-earthquake environment requires additional due diligence. Our property law in Christchurch team is highly experienced in reviewing EQC claims history, insurance status, and repair documentation. We also advise on potential legal implications of ongoing issues and the adequacy of previous repairs – critical considerations in Christchurch's property market. If you are buying a post-earthquake property in Christchurch, it’s critical you seek legal advice to be able to make an informed decision about any property you are interested in buying.

10. How can I protect myself when purchasing a property with potential construction issues?

If you’re buying a property and have concerns about its construction, there are several steps you can take to protect your position. These include adding appropriate conditions to the sale agreement, arranging thorough building inspections, and reviewing council records. In some cases, our Christchurch property law team can assist in securing warranties from the vendor or negotiating price adjustments to account for remediation costs. Understanding your legal rights and the vendor’s obligations under New Zealand law is crucial for making informed decisions.

Why choose Weston Ward and Lascelles Christchurch property lawyers?

Our property law service combines extensive local knowledge with comprehensive legal expertise. We understand Christchurch's unique property landscape and provide personalised property legal advice through every step of the transaction.

Beyond standard property conveyancing Christchurch services, we offer seamless access to our firm's broader expertise in related areas like relationship property law in Christchurch, litigation NZ services, and family trust legal advice when complex situations arise. With our team's support, you can approach property transactions with confidence, knowing your interests are protected by experienced legal professionals committed to achieving your property goals.

Book an appointment with our property lawyers in Christchurch today. We're here to provide the expert legal guidance you need for your next property move. Click here or call 03 379 1740 for a free no obligation chat.