Andrew Seton - Solicitor

Andrew has over 15 years of Law experience and specialises in House purchases, Land purchases, Sale of house, Sale of land, Purchase of Business and Sale of Business, Conveyancing, Property Lawyer, Business Lawyer, Family Trusts, Wills, Prenuptuals, Property Relationship law and Contracts.

PURCHASE OF HOUSE

Be careful. The real estate system in New Zealand favours the vendor (seller) of a house. The vendor is generally not required to disclose problems such as leaks, rotten timber, borer and the like. Appallingly there is not even any requirement that the chattels that the vendor sells such as appliances actually work. In short the system we have is stacked in favour of the vendor and is "buyer beware".

SALE OF HOUSE

As a seller (vendor) the warranties or 'promises' you give in the small print of a sale and purchase agreement can make you vulnerable. It is important to have your solicitor draft appropriate clauses for an Agreement.

SUBDIVISION OF LAND

I can assist you to create new titles for land. You can market the new lots for sale prior to the issue of new titles but there is a need for special clauses to be added to any Sale Agreement.

As a purchaser of a new lot you may wish in some circumstances to add a clause to the Sale and Purchase Agreement setting a time limit which will allow you to terminate the Agreement if there is a undue delay by the vendor in creating the title. All parties need to assume that it may take 3-6 months or longer to complete the new titles and in my experience many initial estimates are well short of the final date.

A copy of the survey plan should be attached to any Sale Agreement so that agreement is reached between the parties as to the location of boundaries, easements, driveway etc. Call me for specific advice on your situation before you sign.

BUSINESS SALES AND PURCHASES

You must carefully undertake proper due diligence and independently verify all matters, representations and agree