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Got a question? Call 0800 6683 69
Your Residential Property Specialists
Frequently Asked Questions
The Sale and Purchase Agreement is a legally binding contract outlining the agreed conditions of the buyer and seller of a property. If you are using a real estate agent, they will probably use the ADLS form from the Auckland District Law Society and Real Estate Institute of New Zealand.
The agreement should include the following:
- Names(s) of the buyer and seller
- Property's address and type of title
- Any chattels to be sold with the property (for example, drapes, white ware, light fittings and fixed floor coverings)
- Price
- Rate of interest for late settlement
- Deposit amount
- Any buyer conditions
- Date when the agreement becomes unconditional
- Settlement date
It is wise to have your lawyer view the draft Sale and Purchase Agreement before you sign – this is for both a private sale and one through a real estate agent – as once signed this is a legally binding agreement.
A search carried out to retrieve the document(s) relating to a property's history. It includes the current status of the title, including the owner, legal description, easements, land covenants and mortgages.
A LIM is a record of information on a property held by the local authority and includes rates details, any building consents granted, notices relating to the property or neighbouring ones, flood, erosion and contamination risks.
Many Sale and Purchase Agreements have a clause relating to a LIM so your lawyer can consider the LIM before the agreement goes unconditional.
By obtaining a professional building and/or engineering report you will be alerted to any matters that may need attention. A building inspector will inspect areas of the house that are reasonably accessible. A normal inspection will cover:
- Interior – services
- Exterior – roof, roof space and sub floor
- Site – potential for flooding, drainage, site conditions (retaining walls, etc.), run-off from adjacent ground
- Other buildings on the title
For apartments, the inspector will generally only inspect the interior and balcony, if there is one.
A Code of Compliance (CCC) is a formal statement confirming that the building work carried out on a property is compliant to the building consent issued by a local authority.
An owner of a property owner must apply for a CCC once all the work has been completed and inspected.
