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DO YOU NEED A CONVEYANCER OR A PROPERTY LAWYER?

What exactly is conveyancing and do I need legal advice from a professional?

Conveyancing is the legal process of transferring the ownership of property or real estate from one person or entity to another. So yes, being a legal process, you do need conveyancing advice from an industry professional.

Not only do they handle legal documents they are also versed in new Anti-Money Laundering laws and can also advise on any implications of your mortgage arrangements.

Lawyers can also oversee the signing of real estate contracts related to the sale or purchase of a property.

Conveyancing services can be provided by either a property lawyer or a registered conveyancer, however conveyancers have restrictions on what they can do.

Download the Buying & Selling A House Checklist Here. It includes advice about real estate commission and fees.

Buying & Selling With A Property Lawyer

Property Lawyers have wider scope to advise you on the impact a property sale or purchase could have on, for example:

Trusts
Wills
Enduring Powers of Attorney
Mortgages
Relationship property

A registered conveyancer is not qualified to advise on these matters.

If you already have a lawyer, it is wise to seek their advice about any impact a property sale or purchase would have on your other affairs. They will have a good grasp of your whole situation.

For a professional and in-depth explanation of conveyancing matters such as costs, reports, contracts and pulling out of an agreement, the New Zealand Law Society – Property Law Section explains this simply.

Getting the legal detail right pays off

If you don't use a lawyer or conveyancer, it's easy to include or overlook incorrect information, get dates wrong, or to not notice omissions at all when it comes to legal documentation.

Once you've signed something, it's legally binding.

Perhaps you need a special clause inserted, and how do you know if it's worded so as to protect you?

Kiwis are great DIYers and many forget that buying and selling real estate involves multiple legal documents, so it's not something to be trifled with.

Conveyancing could be better understood by both buyers and sellers. Are you aware of conveyancing and how it relates to you?

Sellers - The NZ Conveyancing Society provides content about

The 'standard' sale and purchase agreement which is not always used and which you should be aware of
Cross Leases and Unit Titles
Goods and Services Tax
Tenants
The importance of dates in Sale and Purchase Agreements
Council rates
Insurance
Legal formalities
Settlement, possession and keys

Buyers - The NZ Conveyancing Society provides content about

Title and Boundaries
Council requirements
Cross lease titles
Unit titles
Goods and Services Tax
Insurance transfers
Transferring and settling rates
Settlement, possession and keys
Purchase of new houses from builder and subdivision

What exactly is a conveyancing practitioner?

A conveyancing practitioner is not a lawyer but they have a Diploma in Conveyancing and are registered with the national body, the NZ Society of Conveyancers. This has strict codes of conduct they must abide by. They specialise in property law only.

Should I use my lawyer or a conveyancing practitioner?

If you have a lawyer, it is advisable to have a chat with them about your real estate plans and any other changes to your circumstances as a result. There may be more than just real estate to deal with legally that you haven't considered, for example, a trust or your will may be impacted.

Your lawyer will be able to advise you if they can provide the services you need and if they can't they will most likely recommend one to you.

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Article updated September 29, 2020 | About