Selling Your Property

The Complete Guide to Selling a Property in New Zealand

Selling a home, investment, farm or commercial building involves legal obligations, strict deadlines and traps that can cost you the sale. This guide explains, in plain English, how to prepare, what you must disclose, and how we protect you through to settlement.

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All fees include GST. Pay within 7 days for our discounted rate — normal fees (20% more) apply after that.

Property typeNo mortgageWith mortgage
Standard residential$1,552$1,916
Commercial, cross lease, leasehold, unit title$1,802$2,166
Retirement village (ORA)$1,550N/A
Plus identity verification: from $276 (1 person) · from $322 (2 people)

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Your sale, done properly

Most selling guides stop at decluttering and a fresh coat of paint. The truth is that the sales that go wrong usually go wrong on the legal side — title defects discovered too late, disclosure failures, and agreements that leave the vendor exposed. That's what this guide is really about.

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We find the problems first

Title defects, unconsented works and missing paperwork are far cheaper to fix before you list than after a buyer's lawyer finds them. We check your title before the property goes to market.

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Everything from home

Online quotes, online onboarding, and clear guidance by email, phone or Zoom. If you'd rather meet face to face, we're happy to see you in our offices too.

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Your objectives come first

The best price, a clean settlement, the right timing for your next move — we take the time to understand what you're trying to achieve, and we explain everything in plain English.

Step 1 — Get ready before you list

A buyer's lawyer will scrutinise your title and the council's records. Find what they'll find — first — and fix it while you still control the timetable.

The golden rule of selling

Every problem is cheaper to fix before you list. A title defect or unconsented deck discovered during a buyer's due diligence can cost you the sale, the price, or both — and any subsequent buyer must be told a previous agreement fell over. Discovered before listing, the same problem is just a job to be done.

We search your record of title and check for anything a buyer could requisition or use to renegotiate:

  • Cross lease defects — if your flat's external dimensions have changed since the flats plan was deposited (an enclosed addition, garage or conservatory), there may be a title defect a buyer can requisition — and fixing it involves a surveyor, council consent, LINZ approval and every other flat owner's consent. If this applies to you, we need to talk before you list.
  • Old mortgages, caveats and encumbrances — anything that needs to be discharged or tidied before settlement.
  • Easements and covenants — so you can answer buyers' questions accurately rather than guessing.
  • Natural hazard notices — section 36(2) (Building Act 1991) or section 72 (Building Act 2004) notices affect insurability and must be handled openly with buyers.

Buyers increasingly obtain the council property file, not just the LIM — and compare it with what's actually built. Get ahead of them:

  • Unconsented work — that deck, sleep-out, bathroom or garage conversion done without consent will be found. Options include applying for a certificate of acceptance, obtaining a safe and sanitary report for pre-1992 work, or disclosing and pricing accordingly. Concealing it is not an option (see Step 3).
  • Missing Code Compliance Certificates — every building consent issued after 1991 should have a CCC. A missing CCC alarms buyers and their lenders; sometimes it can be obtained, and knowing early gives you time.
  • Your own LIM — consider buying one before listing so there are no surprises in what the buyer's LIM will say.

Having these ready makes your property easier to buy — and speed matters when a keen buyer appears:

  • Record of title (we obtain this for you)
  • Building consents, CCCs, and any producer statements or warranties for work done
  • House plans, and details of tradespeople who service the property
  • Body corporate records if you own a unit title (see Step 6 — a pre-contract disclosure statement is compulsory)
  • Tenancy agreements if the property is tenanted
  • Your identity documents and evidence for AML verification — required by law before we can act

First impressions matter — buyers form an opinion within seconds of walking through the door:

  • Clear the clutter — remove unnecessary items and tidy every room before viewings.
  • Depersonalise — help buyers picture themselves living there.
  • Make necessary repairs — fix anything broken or worn; buyers notice the details.
  • Consider small upgrades — fresh paint or updated fixtures can make a real difference.
  • Deep clean — the whole property, before every viewing.

One caution: presentation means showing the property at its best — never papering over defects. Painting over active leaks or covering damage to hide it from buyers can amount to misrepresentation and unwind your sale (see Step 3).

Price expectations anchor your whole campaign. Research comparable recent sales in your area, and consider a registered valuer's report — an independent valuation carries far more weight than an agent's appraisal (which is a marketing estimate, not a valuation) and helps you negotiate from evidence rather than hope.

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How we help: engage us when you decide to sell, not when you've found a buyer. We check the title, flag anything a buyer could requisition, and help you fix or disclose it on your timetable — not theirs.

Hello, World!

Step 2 — Choose how to sell

Agent or private sale, and auction, tender, deadline or negotiation — each method suits different properties and markets, and each has legal consequences for you.

A good agent earns their commission through marketing reach and negotiation skill. Look for someone with recent sales in your area and check their track record. Before you sign anything, understand what you're signing:

  • Sole agency vs general agency — a sole agency gives one agency the exclusive right to sell (and usually a commission even if you find the buyer during the term); a general agency lets you list with several agencies, paying whichever one sells.
  • Your cancellation right — for a sole agency agreement over residential property, you can cancel by 5pm on the first working day after the agent gives you your copy. After that, you're locked in for the term.
  • Commission and marketing costs — understand exactly how commission is calculated (including on GST), when it's payable, and what advertising you're committing to pay for even if the property doesn't sell.
  • The REA guides — the agent must give you the Real Estate Authority's approved guide before you sign an agency agreement. Read it.

We're happy to review an agency agreement before you sign it — it's a binding contract, and the time to question the commission clause is before, not after.

  • Auction — creates competition and urgency; the agreement becomes unconditional the moment the hammer falls, which is why serious buyers do their due diligence first. Best in strong markets for properties with broad appeal. You set a reserve, and we review the auction agreement and any pre-auction offers.
  • Tender — buyers submit sealed offers by a deadline; offers can include conditions, and you're generally not obliged to accept any of them. Good for unique properties that are hard to price.
  • Deadline sale — like a tender but less formal: offers invited by a date, viewed as they come in. Flexible, and increasingly common.
  • Price by negotiation / advertised price — simple and familiar; an advertised price gives buyers certainty but anchors your ceiling.

Whichever method you choose, the same rule applies: have us review the agreement — and for auctions, the auction terms — before anything is signed.

Selling without an agent saves commission but puts the agent's work — marketing, screening buyers, negotiating, and getting the agreement right — on you. If you sell privately, our role becomes more important, not less: we prepare the Agreement for Sale and Purchase, advise you on offers and conditions, and make sure your disclosure obligations are met. Never use a downloaded or recycled agreement without advice.

Step 3 — What you must tell buyers (and what you must not do)

"Buyer beware" does not mean "vendor may mislead". Getting disclosure wrong is the single most common way sellers end up in disputes — sometimes years after settlement.

The line the law draws

You generally don't have to volunteer every flaw — the buyer is expected to investigate. But you must not misrepresent the property, must not actively conceal defects (painting over leak stains before viewings, stacking boxes against a damaged wall), and must answer questions honestly. A half-truth can be as misleading as a lie. Breach these rules and the buyer may be able to claim damages or even cancel — before or after settlement.

The standard Agreement for Sale and Purchase contains vendor warranties that apply automatically. When you sign, you're promising (among other things) that:

  • Any building work you've done or arranged was done with the required consents and permissions;
  • The chattels and the systems serving the property (heating, plumbing, electrical) will be in reasonable working order at settlement;
  • You've received no outstanding notices or requisitions from the council or other authorities that you haven't told the buyer about;
  • You'll maintain the property in the same condition (fair wear and tear excepted) through to settlement.

If any of these aren't true for your property, tell us before the agreement is signed. Warranties can be qualified or excluded by special condition — but only if we know. A breach discovered later can mean compensation claims, retentions at settlement, or litigation.

Licensed agents are bound by the Real Estate Agents Act and its professional conduct rules. Your agent cannot withhold known defects from buyers, and if they know (or should know) of hidden or underlying defects — weathertightness risk being the classic example — they must either get you to address the issue or disclose it to potential buyers. If you instruct an agent to conceal a known problem, they must decline — and you'll both be exposed if it comes out.

The practical consequence: be straight with your agent from day one. Together with us, they can help you present known issues honestly and in the best light — which almost always beats a buyer discovering them alone.

Some categories deserve particular care, because buyers' lawyers ask about them directly and false answers are readily provable later:

  • Weathertightness — past leaks, repairs, or a claim to the Weathertight Homes Resolution Service. Targeted repairs must not be presented as full remediation if they weren't.
  • Natural hazards and past claims — earthquake or flood damage, EQC/Natural Hazards Commission claims (settled or pending), and hazard notices on the title.
  • Methamphetamine contamination — if you know of contamination or past testing, concealing it invites a claim.
  • Disputes — boundary or fencing disputes, and anything formal with neighbours or the body corporate.

Our approach: disclose accurately, document what was repaired and by whom, and let us frame the disclosure so it answers the question before it's asked. Honest, well-documented disclosure protects your price better than silence protects your secret.

Step 4 — The agreement, from the seller's side

Buyers load agreements with conditions that protect them. Our job is to make sure the agreement also protects you — and that a conditional agreement doesn't quietly take your property off the market for nothing.

Our one big ask — it applies to sellers too

Always send us the draft agreement (and any buyer's requested changes) before you sign. Once signed, the agreement is the rule book. The time to negotiate the deposit, the conditions and the settlement date is before your signature goes on it.

Conditions are legitimate — but they should be tight, time-limited and genuine:

  • Timeframes — every condition needs a clear deadline. Ten to fifteen working days is typical; open-ended conditions leave you in limbo.
  • Broad due diligence clauses — a "sole discretion" due diligence condition effectively gives the buyer a free option over your property. Sometimes that's the market price of a deal; sometimes it should be narrowed or shortened. We'll advise which.
  • Finance conditions — standard, but the buyer must take reasonable steps to obtain finance; they can't use the condition as a whim-based exit.
  • "Or nominee" purchasers — normal, but we check you're still dealing with a substantial buyer, especially where the deposit is small.
  • Size — commonly around 10%. A thin deposit gives a defaulting buyer little to lose.
  • When it's paid — usually on signing or when the agreement goes unconditional. We check the trigger wording.
  • Where it's held — typically in the agent's or a lawyer's trust account, with commission usually deducted from it once unconditional.

If you accept a conditional offer (for example, conditional on the buyer selling their own home), a cash-out clause lets you keep marketing the property. If a better offer arrives, you give the first buyer notice (commonly 3–5 working days) to confirm their agreement unconditional or step aside. Without one, a long conditional agreement can take your property off the market with no certainty it will ever settle. We draft these routinely.

  • The chattels list — list exactly what stays and check it's accurate. The dishwasher, heat pumps, curtains, garage remotes and alarm are frequent flashpoints. What's listed must be in reasonable working order at settlement.
  • Fixtures you want to take — anything attached that you intend to remove (a special light fitting, the garden shed) must be expressly excluded, or it goes with the property.
  • The settlement date — align it with your next purchase or move. Simultaneous sale-and-purchase settlements need careful coordination; tell us early if you're buying too.
  • GST — the GST position must be recorded correctly on the front page, especially for investment, commercial, farm or home-office properties. Get this wrong and the cost can be 15% of the price. We check it with you and your accountant.

Step 5 — Tax and money: know before you sign

Most home sales are tax-free. But the exceptions are expensive, and they're decided by facts fixed at the time you sign — not at settlement.

Under the bright-line test, profit on the sale of residential land can be taxable as income if you sell within the bright-line period after buying. For sales on or after 1 July 2024 the bright-line period is 2 years, with a main home exclusion for the property that has been your main home. Different (longer) periods applied to earlier sales, and the detailed rules — including for trusts, subdivided land and partial main-home use — are technical.

If you've owned the property for less than a few years, or it has ever been a rental, holiday home or held in a trust, talk to us and your accountant before you sign. Intention-based tax rules and the land-dealing provisions can also apply outside the bright-line period.

If you're GST-registered and the property has been used in a taxable activity (commercial premises, a farm, short-stay accommodation, some home-office arrangements), GST applies to the sale, and the agreement's GST schedule must be completed correctly. Sales between registered parties of a tenanted commercial property or going-concern farm may be zero-rated — but only if the paperwork is right. Never sign "plus GST (if any)" versus "inclusive of GST" casually: the difference can be 15% of your price.

If you're an offshore person (broadly, living overseas or a recently arrived migrant, with specific definitions) and you sell residential land within the bright-line period, residential land withholding tax may have to be deducted from your sale proceeds at settlement. We identify this early so it doesn't surprise you on settlement day.

We arrange the discharge of your mortgage at settlement and repay the lender from the sale proceeds. Two things to check early with your bank:

  • Break fees — repaying a fixed-rate loan early can trigger early repayment charges. Ask your lender for an estimate before you commit to a settlement date, and consider whether the loan can be transferred ("ported") to your next property instead.
  • Repayment figures — we obtain the final figures from your lender; any shortfall must be covered before settlement can complete.

We also settle outstanding rates and water from the proceeds, apportioned to the settlement date, so everything is clean for the buyer.

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How we help: we flag bright-line, GST and withholding issues when we first review your sale, and work alongside your accountant so the agreement records the right tax position before you're bound by it.

Step 6 — Selling your type of property

Some property types come with extra legal obligations for the seller. Open the guide that matches yours.

Before listing, compare your flats plan with the flat as it stands. If enclosed, attached additions have changed the external dimensions since the plan was deposited, a buyer can requisition the title — and the fix (new survey, council consent, LINZ approval, surrender and re-grant of leases with every owner's and lender's consent) takes months. Discovering this mid-sale usually means a collapsed or renegotiated deal; discovering it before listing means you can fix it, price for it, or sell on terms that deal with it openly.

Also have ready: any consents from other flat owners for past alterations, and be prepared for buyer questions about exclusive use areas and common area obligations.

The Unit Titles Act requires you, the seller, to give the buyer a pre-contract disclosure statement before they sign — covering body corporate levies, the long-term maintenance plan and fund, insurance, known weathertightness issues, and any proceedings. A pre-settlement disclosure statement follows once the agreement is unconditional. These are your legal obligations, not the agent's; get them wrong or late and the buyer may gain rights to delay settlement or cancel.

We obtain the body corporate information, prepare the disclosure statements, and make sure the timing requirements are met.

Buyers (and their lenders) will focus on the lease terms: the remaining term, the next ground rent review and how rent is set, and the lessor's consent requirements for the transfer. Have the lease and the most recent rent review documents ready, expect a smaller buyer pool, and build realistic time into your plans for obtaining the lessor's consent where required.

  • Tell your tenants — you must inform tenants the property is on the market, and their agreement is needed for viewing arrangements; tenants are entitled to quiet enjoyment during the campaign.
  • Vacant possession vs selling with the tenancy — decide early. If the agreement requires vacant possession, a periodic tenancy needs the required written notice under the Residential Tenancies Act (90 days where the property is sold requiring vacant possession), and a fixed-term tenancy generally cannot be ended early just because you've sold — the buyer takes over as landlord instead.
  • Selling with the tenancy — the tenancy, the bond and your landlord obligations transfer to the buyer; investor buyers will want the tenancy agreement, rent records and healthy homes compliance information.
  • Ownership structure — land, stock, plant, water rights and consents may sit in different entities; the agreement must reflect who sells what.
  • GST — a sale as a going concern between registered parties may be zero-rated; the allocation of price across land, buildings, stock and plant has real tax consequences. Involve your accountant before signing.
  • What transfers — water permits and resource consents, supply contracts (dairy, grazing), employment obligations for farm staff, and ETS-registered forestry all need to be addressed expressly.
  • Settlement obligations — good husbandry through to settlement, agreed pasture cover, stock counts and adjustment mechanisms, and any hay or baleage to be left.
  • The lease is the product — buyers buy the income stream. Have the leases, rent review history, outgoings reconciliations and tenant covenant information organised and accurate.
  • GST — a tenanted commercial property sold between GST-registered parties is usually zero-rated as a going concern; the agreement must record this correctly.
  • Seismic and compliance — expect questions on the seismic rating (NBS%), the building WOF (BWOF), and asbestos management; earthquake-prone notices materially affect price and must be disclosed accurately.

Most retirement village units are held under an occupation right agreement (ORA), not a title you sell on the open market. The "sale" is a termination and repayment process governed by your ORA: the operator typically remarkets the unit, deducts the deferred management fee and any costs, and repays the balance — often only when a new resident settles, unless your ORA or the operator's policy provides earlier repayment. We review your ORA, explain the timing and the deductions, and handle the termination paperwork. If you're moving into a village, we advise on the new ORA too.

What we handle for you

From the moment you engage us, here's what happens behind the scenes.

Pre-listing check

We search your title, flag anything a buyer could requisition, and advise on fixing or disclosing it before you go to market.

Agreement review

We review (or prepare) the agreement and every buyer amendment before you sign — conditions, deposit, chattels, GST and settlement date.

Conditions managed

We track the buyer's conditions, hold them to their deadlines, confirm the agreement unconditional, and secure the deposit.

Documents prepared

Transfer documents, discharge of your mortgage, any disclosure statements, and your signing — handled electronically, wherever you are.

Settlement day

We complete settlement electronically: the buyer pays, we repay your lender and the rates, and the title transfers.

Proceeds to you

The balance is paid to you promptly, with a clear settlement statement showing exactly where every dollar went.

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Step 8 — Settlement day and moving out

The buyer is entitled to a pre-settlement inspection, and the property must be handed over as promised. Here's how to finish well.

  • Book your moving company well in advance, especially in busy periods, and arrange transit insurance.
  • Utilities — arrange final readings and transfer or disconnection of power, gas, water and internet for settlement day.
  • Mail redirection — set up with NZ Post before you move.
  • If you're buying too — tell us immediately so we can coordinate both settlements on the same day; same-day sale-and-purchase settlements are routine for us, but they need planning.

The buyer will inspect shortly before settlement — usually in the final days — and is entitled to find the property in the same condition as when they signed, fair wear and tear excepted, with the agreed chattels present and working. Before you hand over:

  • Clean and tidy the whole property, and mow the lawns.
  • Remove everything that isn't included in the sale — rubbish, garden waste, and items under the house or in the shed. Leaving your junk behind is a breach, not a favour.
  • Test the chattels — dishwasher, heat pumps, garage doors, alarm — and fix anything that's stopped working since you signed.
  • Complete any repairs you promised in the agreement, and keep the invoices.

If the buyer raises legitimate issues at their inspection, claims are dealt with before settlement — resolving them quickly protects your settlement date.

It costs you nothing and starts the buyer's ownership well — leave behind or pass on:

  • Location of the mains for water, gas and electricity
  • Names of tradespeople who usually service the house
  • House plans, spare wallpaper, and the paints used in the property
  • Appliance manuals, spare parts and guarantee cards
  • Rubbish collection days, bus routes — and your forwarding address

We attend to everything electronically: the buyer's lawyer pays, we repay your lender and outstanding rates, the title transfers, and we account to you for the balance the same day wherever possible. Leave the keys with your agent — the buyer collects them once we confirm settlement. Two final tasks:

  • Keep your house insurance in place until settlement is confirmed — then cancel it. Never cancel early: if settlement is delayed and the house is damaged uninsured, the loss can be yours.
  • Update your contents insurance with your new address, effective from moving day.

Then celebrate — you've successfully sold your property, and your next adventure starts.

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🎉 Property Client Exclusive — 50% Off Estate Planning

As a property sale client, you qualify for 50% off all will-based estate planning documents when you sign them at the same time as your property documents. Selling and moving is the perfect moment to bring your will and enduring powers of attorney up to date.

Normal Will + Both EPAs: Individual $550 (normally $1,100) | Couple $1,000 (normally $2,000)

Learn About Estate Planning →

Ready to sell with confidence?

Click below and we'll take it from here — it takes about 10 minutes. We'll ask about your sale, then confirm your identity as required by law. Engage us before you list, and we're always here to talk anything through by phone, Zoom or in person.

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This guide is general information, not legal advice for your specific situation. Every property and every sale is different — please contact us to discuss yours.