Buying This Spring? The Legal Checklist Before You Sign Anything

Spring is when the East Auckland market wakes up: more listings, more open homes, more pressure to move fast. Speed is exactly when buyers sign things they shouldn't. Before you put your name on a sale and purchase agreement this season, run through this checklist.

1. Get the agreement checked before you sign, not after

The single most common mistake we see. A sale and purchase agreement is binding once signed. Your lawyer can negotiate conditions before signature but can't undo a bad deal afterwards. A pre-signing review is the cheapest insurance in the whole transaction.

2. Make sure the right conditions are in there

The standard conditions exist for a reason. Depending on the property you'll likely want finance (with a realistic date), a LIM report, a building inspection, and a title review. Waiving conditions to make an offer "cleaner" is a competitive tactic with real risk. Understand exactly what you're giving up first.

3. Auctions are different: you buy unconditionally

Win at auction and you're locked in that day. No finance condition, no builder's report condition, deposit payable immediately. All your due diligence, LIM, inspection, finance approval, title check, has to happen before auction day. Yes, you may spend money on properties you don't win. That's the cost of auction buying done safely.

4. Know what kind of title you're buying

Freehold, cross-lease, and unit title properties carry very different rights and obligations. Cross-leases in particular surprise buyers (that new deck may need your neighbour's consent). Unit titles come with body corporate rules, fees, and long-term maintenance plans worth reading before you commit.

5. Using KiwiSaver? Start the paperwork early

KiwiSaver first-home withdrawals take time to process, and the funds must be handled through your lawyer's trust account. Tell your lawyer you're using KiwiSaver at the start, not the week before settlement. If you are planning to use your kiwisaver to pay the deposit (not on settlement) then your agreement for sale and purchase requires special conditions.

The bottom line

Involve your lawyer when you find the house, not after you've signed for it. A review before signature costs little. Unwinding a problem afterwards can cost a great deal more.

Found a place this spring? Get in touch. We're local and we turn pre-signing reviews around fast. Contact us to find out about our special first home buyer package.

This article is general information, not legal advice.

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Dawsons Lawyers is the trading name of the incorporated law firm Dawsons Lawyers Limited, a limited liability company registered in New Zealand (incorporation number 8125116)

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Buying this spring? 5 checks before you sign
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