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Introduction
Legal and Negotiation Processes
Preparation and Planning
Settlement and Post-Purchase
The Market and Compliance
Viewing and Inspecting Properties

01.
 
How To Use The Step Guides
02.
 
Buyer Introduction
03.
 
Your Current Scenario
04.
 
Understanding Real Estate Market Dynamics and Influences
05.
 
Assessing the Benefits of Owning vs. Renting
06.
 
Assessing Your Readiness and Financial Planning for Homeownership
07.
 
Establishing a Budget for Property Purchase
08.
 
Deciding to Work With A Mortgage or Financial Adviser
09.
 
Deciding on Whether to Proceed with Home Buying
10.
 
Analysing Financial Capacity for a Mortgage in New Zealand
11.
 
Getting Pre-Approved for a Mortgage
12.
 
Proceeding As a Cash Buyer
13.
 
Attending Property Seminars and Workshops
14.
 
Exploring Various Mortgage Options in New Zealand
15.
 
Property Sale Types in New Zealand
16.
 
Anti Money Laundering Rules and Regulations
17.
 
Determining Long-Term Goals and Future Plans for Property Buying
18.
 
Costs Associated with Buying a Property
19.
 
Creating a List of Must-Haves and Nice-to-Haves
20.
 
Potential Purchasing Partners for Property Buying
21.
 
Researching the Housing Market in Your Desired Area
22.
 
Location and Commuting
23.
 
Understanding Property Taxes in New Zealand
24.
 
How to Compare The Values of Similar Properties
25.
 
Exploring Property Listings and Conducting Online Research for Buying Property
26.
 
Interacting with Real Estate Agents
27.
 
Arranging Private Viewings of Properties
28.
 
Guide to Attending Open Homes and Viewing Properties
29.
 
Arranging Professional Property Inspections
30.
 
Seeking Comprehensive Legal Advice Before Making an Offer
31.
 
Choosing the Right Conveyancing Lawyer when Buying Property
32.
 
Understanding Legal Obligations and Rights as a Buyer
33.
 
Considering Community Amenities and Infrastructure
34.
 
Conditional Offers Versus Unconditional Offers
35.
 
Formulating an Offer Strategy
36.
 
Buying a Property at Auction
37.
 
Buyer First Mover Advantage Offer Strategy
38.
 
Engaging in Negotiation of Purchase Terms
39.
 
Ensuring Compliance with Agreement Conditions When Buying Property

40.
 
Discussing Agreement Details with Your Legal Advisor
41.
 
Undertaking a Geotechnical Report
42.
 
Reviewing Property Inspection Reports for Potential Issues
43.
 
Requesting and Analysing a LIM Report
44.
 
Requesting and Analysing a PIM Report
45.
 
Things to Do During Due Diligence Period to Prepare for Move
46.
 
Advantages and Disadvantages of Using a Moving Company
47.
 
Organising Home and Contents Insurance
48.
 
Settlement Day Procedures
49.
 
How to Deal With Settlement Delays in Property Transactions
50.
 
Planning Interior Layout and Design
51.
 
Settling In and Post Purchase Steps
52.
 
Purchasing Necessary Furniture and Appliances
53.
 
Tools and Services To Help Manage Your Property & Finances Post Purchase
54.
 
Re-evaluating Your Budget Three Months Post-Property Settlement

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Buy / Step 39 of 54

Ensuring Compliance with Agreement Conditions When Buying Property

Complying with your legally binding Sale and Purchase Agreement

The Sale and Purchase Agreement is a legally binding contract between the buyer and seller. It outlines all the terms and conditions of the sale, including any specific conditions that must be met before the deal can proceed. Familiarising yourself with this document is essential, as it forms the basis of your property transaction.

When reviewing your agreement, pay close attention to:

  • Conditions Precedent: These are actions that must occur before a contract becomes unconditional.
  • Settlement Date: The date when the property officially changes hands and balance of payment is made.
  • Chattels List: Items within the property that are included in the sale.
  • Zoning Information: Ensure that local council zoning allows for your intended use of the property.

Due diligence is a critical step in ensuring compliance. This process involves thoroughly investigating all aspects of the property and its legal standing.

Essential Due Diligence Checks Include:
  • LIM Report: A Land Information Memorandum provides details on land and property from the local council.
  • Title Search: Confirms legal ownership and highlights any covenants or easements affecting the property.
  • Building Inspection: Identifies any structural issues or necessary repairs.
  • Finance Condition: Ensures your loan approval aligns with purchasing timelines.

Securing financing is a common condition in many agreements. To comply, you must:

  • Obtain a formal loan approval from your bank or lender.
  • Ensure the finance condition timeframe aligns with other conditions in your agreement.
  • Communicate promptly with both your lender and real estate agent about meeting this condition.

A satisfactory building report is often a precondition for finalising a sale. Here’s how to handle it:

  • Choose a reputable inspector for an unbiased assessment.
  • Review the report thoroughly for any issues that could affect compliance.
  • Negotiate repairs or price adjustments if significant problems are found.

Zoning laws dictate how you can use your property. Compliance means:

  • Checking current zoning restrictions against your intended use.
  • Applying for resource consent if you plan on making changes that deviate from existing zoning regulations.

Having a lawyer experienced in New Zealand property law is invaluable. They will:

  • Review all legal documents for accuracy and completeness.
  • Advise on any potential legal issues that could affect compliance.
  • Assist in resolving disputes should they arise during the transaction process.

Once all conditions have been met, it’s time to finalise your purchase. This involves:

  • Confirming with your lawyer that all conditions have been satisfied.
  • Preparing for settlement day by organising insurance and final inspections.
  • Ensuring funds are ready for transfer on the agreed settlement date.

On settlement day, make sure to:

  • Conduct a final walkthrough of the property to verify its condition hasn’t changed since your last inspection.
  • Confirm transfer of utilities into your name.
  • Receive confirmation from your lawyer that funds have been transferred and received by the seller’s solicitor.

After taking ownership, maintaining compliance involves:

  • Adhering to any ongoing covenants noted on the title.
  • Obtaining necessary permits for renovations or developments on the property.
  • Regularly reviewing local council regulations to ensure continued compliance.


Compliance with agreement conditions when buying property in New Zealand requires diligence, attention to detail, and professional guidance. By following this guide, you’ll position yourself for a successful and compliant real estate transaction. Remember, each step you take towards ensuring compliance is a step towards securing not just a piece of property but also peace of mind in your investment.

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