New Build Conveyancing

A conveyancer can help you with everything from the initial decision to purchase a new build property, , to planning permission, to settlement day, but most importantly they can help you navigate all the steps in-between.

Over the course of a normal property or house exchange or sale conveyancer or property lawyer will be in charge of guiding you through the legal processes.

This includes a sale and purchase agreement which will need to be reviewed thoroughly before it is signed. This is to ensure that the contract contains all the correct terms, adequately addresses any risks, ensures documentation is being correctly kept, and ensuring that the contract does not include anything unusual or untoward. This is the most basic action for conveyances and property lawyers and it is probably the most important because all contracts signed under a property exchange or sale are legally binding and having somebody in a professional capacity look over these protects both parties and brings peace of mind the homebuyer.

There are often sales conditions included within a building report and other aspects purchase agreements, going through these conditions and identifying actions that are needed as a vital aspect of the conveyancing process.

Title searches and details are a part conveyancer’s responsibilities, the property lawyer will find as much information as possible about the title of the land including covenants, easements, consent notes and any other legally important details.

Overseeing the transfer documents is probably what most people think of anything conveyancing. These are documents that are required to be signed by both parties during any property exchange or any agreement for work to commence.

An LIM report is an important piece of research when buying a property, and your lawyer or conveyancer will be able to source this, walk you through it, and discuss any of the implications.

A LIM report is a summary of information held by the council on the property that you are looking at purchasing. This can include things like potential erosion or slippage, flooding threats, hazardous substances that may be present, as well as access to private or public storm water and sewerage, projected rates, and other council related information that may be pertinent to your purchase.

Kiwisaver and mortgage details can be complicated, and part of the role your conveyancer or property law specialist will play is to walk you through the details of your Kiwisaver, housing grants, and mortgage details.

The settlement and completion details also fall under the list of things a conveyancer or property lawyer will help you negotiate and discuss.

Yes, when you embark on purchasing a new build the process changes due to the nature of a new build.

Getting New Build Conveyancing Solicitors on your side is the best way to negotiate the process and ensure that your new build purchase goes through with as much ease as possible.

By hiring new build solicitors, you can ensure that the exchange of contracts, contract of sale, and the negotiations with your mortgage lender that are specific to new build purchases are being handled by people who know how to navigate the unique situation.

The reason that new build house purchases are different from existing property is that – most simply – because you are buying something that hasn’t been built yet.

Ensuring that your contract of sale covers all legal bases to ensure that you actually receive what you’re paying for. By enlisting someone who specializes in the legally binding side of home buying and selling can make sure that the contract states accurately in writing what the builder has promised you in show home sales conversations – including a comprehensive list of fixtures and finishes that have been discussed.

One of the main roles of a property lawyer is to make absolutely sure that you are aware of and, most importantly, understand your legal rights. They will help you figure out your course of action should you need to cancel the contract, what happens if there is a significant delay to the completion date, a contractor issue, and the fees and financial implications of such.

Managing contract variations is something that new build conveyancing needs to focus on, because minor changes that may need to be made due to permits or local council requirements. This chance of deliverable changes should mean that the contract provides recourse for the home purchaser to cancel the contract should a change affect the build or property significantly.

The contract should also include an exhaustive list of inclusions, from taps to trims to draw handles to counter finishes. Substitution clauses can provide an option for builders when the originally discussed fixture or finish isn’t available by allowing substitution of similar quality fixtures. Inclusion of these lists as well as specific warranties protect the purchaser from unjustified or unauthorized changes the builder may make.

Discussing certain legal aspects of what could go wrong is also a vitally important role of a conveyancer. This can include floor plans, finance, reservation fees, mortgage offers, completion, and cooling off periods.

Completion and inspection are some of the final steps in your build, there are a few final things to do like completing a snagging list and official inspections, and your conveyancer can help you with these too.

While it would be nice to get everything finished in 28 days, buying a new build home takes a lot longer than existing property exchanges. Please note that every conveyancing solicitor will have a different timeline and every timeline will be affected by things beyond your conveyancers’ control – like document processing, exchanges, and administrative delay.

Before you start the buying process, you should get in touch with a conveyancer or property law specialist. While it may be tempting to grab an instant quote the best way to get an accurate fees and timeline quote is to call and talk with one of our team.