Residential Property
First Home Buyers
Helping you take the first step into home ownership
Buying your first home is exciting, but it can also feel overwhelming. Agreements, finance, KiwiSaver, property titles, due diligence and settlement all come with unfamiliar terminology and important deadlines.
At Smith and Partners, we help first home buyers understand the process, avoid common pitfalls and make informed decisions before committing to a property.
Common first home buyer matters
We can assist with:
- Reviewing Agreements for Sale and Purchase
- Auctions and tenders
- LIM and title reviews
- Due diligence
- KiwiSaver first home withdrawals
- Finance and mortgage documents
- Family gifts and loans
- Property ownership structures
- Different property and title types
- 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 make an offer
Getting your lawyer involved before you sign an agreement can help you understand the property you're considering and make sure appropriate conditions are included.
If you're planning to buy at auction, legal due diligence should generally be completed before you bid because a successful auction purchase is usually unconditional.
Using KiwiSaver to buy your first home
Eligible first home buyers may be able to withdraw KiwiSaver funds towards the purchase of a home.
There are eligibility requirements, documentation and processing timeframes involved, so it is important to start the process early. Your KiwiSaver provider ultimately determines whether you qualify for a withdrawal. Smith & Partners recommends contacting your provider for pre-approval as soon as possible and allowing sufficient time before settlement.
We can help with the legal documentation required as part of the withdrawal process and coordinate your KiwiSaver funds with your property settlement.
Getting help from family
Parents and other family members increasingly help first home buyers through gifts, loans or guarantees.
Before money changes hands, it is important for everyone involved to understand whether the contribution is a gift or loan, whether repayment is expected and how it should be documented.
If you're purchasing with another person and contributing different amounts, we can also advise whether a property sharing or relationship property agreement should be considered.
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 has extensive experience helping first home buyers through the purchase process.
We'll explain the legal jargon, help you understand important deadlines and work with your lender, KiwiSaver provider and other advisers to get you through to settlement.
Buying your first home? Talk to Smith and Partners before you sign.
Wade Hansen
Director
Kristal Rogers
Associate
Fiona Taylor
Senior Registered Legal Executive
Jennifer Edwards
Registered Legal Executive (NZILE Fellow)
Jonelle Lee
Registered Legal Executive
Kandice Reilly
Registered Legal Executive
Annette Lines
Legal Executive - Personal Assistant
Lisa Rogers
Personal Assistant
Victoria Zangel
Legal Executive - Personal Assistant
Frequently Asked Questions
Can I use KiwiSaver to buy my first home?
If you meet the eligibility requirements, you may be able to withdraw eligible KiwiSaver funds towards your first home. Your KiwiSaver provider determines eligibility and processes the withdrawal.
Can my parents give or lend me money for my deposit?
Yes, but it is important to clearly document whether the money is a gift or loan and understand any requirements your lender may have.
Can I use KiwiSaver to buy a section?
Potentially. Smith & Partners notes that eligible first home buyers may use KiwiSaver to purchase bare land where they intend to build their principal home, subject to their provider's requirements
How early should I contact a lawyer?
Before you sign an agreement is best. If you're using KiwiSaver or buying at auction, getting advice early is particularly important because additional requirements and deadlines may apply.
Helping you navigate property decisions
Practical articles and legal insights on buying, selling, building, financing, and owning property in New Zealand.




