Residential Property

Buying & Selling Property

Legal support from agreement to settlement

Buying or selling property is a significant financial commitment, and there is much more involved than simply transferring ownership. From reviewing the Agreement for Sale and Purchase to checking the property title, satisfying conditions and completing settlement, getting legal advice early can help your transaction run smoothly and avoid unexpected problems.



At Smith and Partners, our property lawyers help homeowners, buyers, sellers and property investors throughout Auckland and New Zealand navigate the legal process with confidence.

Common property transactions

We can assist with:

• Buying and selling houses
• Apartments, townhouses and units
• Residential investment properties
• Bare land and sections
• Agreements for Sale and Purchase
• Auctions, tenders and deadline sales
• LIM and title reviews
• Due diligence
• Finance conditions
• Title transfers and settlement

Whether you're buying or selling, we'll explain the process clearly and make sure you understand your obligations at every stage.

Before you sign an Agreement for Sale and Purchase

An Agreement for Sale and Purchase becomes legally binding once it is signed and the relevant conditions are satisfied, so it is important to understand exactly what you're agreeing to.

Having your lawyer review the agreement before you sign gives you an opportunity to identify potential concerns, consider appropriate conditions and understand the legal implications of the transaction.

If you're buying at auction, obtaining advice beforehand is particularly important because auction purchases are generally unconditional.

Understanding the property you're buying

Not every property comes with the same rights, restrictions or obligations.

As part of the conveyancing process, we can help you understand matters relating to the title, LIM, easements, covenants and the ownership structure of the property.

Where additional investigation is required, we'll explain what needs to be checked and help you determine the best way forward.

From unconditional to settlement

Once an agreement becomes unconditional, there are still important legal steps to complete before ownership changes hands.

We'll coordinate the conveyancing process, work with your lender where required, prepare the necessary documentation and make sure the transaction is ready for settlement.

Our focus is on keeping you informed and making the process as straightforward as possible.

Why seek advice early?

Obtaining advice early can often prevent a dispute from escalating. It can also help you:

• Understand your contractual rights and obligations
• Assess the strength of your position
• Preserve important evidence
• Identify opportunities for early resolution
• Minimise financial and commercial risk

Our goal is to provide clear, practical advice that gives you confidence to make informed decisions and achieve the best possible outcome.

How Smith and Partners can help

Our Property Law team handles residential property transactions every day, from straightforward home purchases and sales through to more complex property matters.

We'll explain the legal process in plain English, identify potential issues early and guide your transaction through to settlement.

If you're buying or selling property, contact Smith and Partners before you sign to discuss how we can help.

Frequently Asked Questions

Helping you navigate property decisions

Practical articles and legal insights on buying, selling, building, financing, and owning property in New Zealand.