How to choose a property lawyer
It is a requirement of New Zealand law that any contract for real estate must be in writing. Because property transactions normally involve hundreds of thousands of dollars, it is vital that you are aware of your legal rights and obligations when you are selling or purchasing property.
The process of passing property from one party to another is commonly called conveyancing. The lawyers' job is to ensure that your legal rights are protected throughout the sale or purchase transaction. Normally the lawyer will perform the following duties in the conveyancing process:
Often a recommendation can come from a friend. Most lawyers advertise in the Yellow Pages Directory, and many now also advertise in local, suburban papers. You could also check with the Citizens Advice Bureau who will have a list of Lawyers in your local area.
A personal recommendation from a trusted friend or third party is well worth following up. You will probably get more personal attention from a smaller firm or sole operator.
Conveyancing services these days are very price driven due to the competition within the marketplace. However, be very careful if you are offered a cheap deal in comparison to other offers. A cheap fee can often mean that there is some corner cutting going on.
It is vital that your lawyer thoroughly researches the Title for any onerous conditions or restrictions with the property, discusses with you the types of property ownership and their respective pros and cons, ensures that there are no outstanding rates or levies due upon transferral of ownership, and basically protects you throughout the buying or selling process.
The process of passing property from one party to another is commonly called conveyancing. The lawyers' job is to ensure that your legal rights are protected throughout the sale or purchase transaction. Normally the lawyer will perform the following duties in the conveyancing process:
- Check the Title to ensure the seller is the legal owner of the property
- Check that are no restrictions on the Title that might limit the new owner
- Check that all prior mortgages have been discharged
- Check whether any other party (other than the seller) has an interest in the property.
- Most smaller and medium sized legal firms carry out conveyancing services. There are many small law partnerships or sole operators whose principal business is carrying out conveyancing.
Often a recommendation can come from a friend. Most lawyers advertise in the Yellow Pages Directory, and many now also advertise in local, suburban papers. You could also check with the Citizens Advice Bureau who will have a list of Lawyers in your local area.
A personal recommendation from a trusted friend or third party is well worth following up. You will probably get more personal attention from a smaller firm or sole operator.
Conveyancing services these days are very price driven due to the competition within the marketplace. However, be very careful if you are offered a cheap deal in comparison to other offers. A cheap fee can often mean that there is some corner cutting going on.
It is vital that your lawyer thoroughly researches the Title for any onerous conditions or restrictions with the property, discusses with you the types of property ownership and their respective pros and cons, ensures that there are no outstanding rates or levies due upon transferral of ownership, and basically protects you throughout the buying or selling process.