Do I have to use property lawyers near me?

When buying or selling a property, you need a lawyer to help you navigate the legal process. Often people believe that they need a local lawyer, but this is not always the case. 

In this article, we explain the types of property services available in New Zealand so that you have sufficient information to know which is right for you. This article will help you decide whether you need to opt for a local provider or an online conveyancing service. Here is everything you need to know. 

Conveyancing and property law services

The term ‘conveyancing’ refers to the legal transfer of property ownership from one person to another. There are two ways to get property law services in New Zealand – in person or online. 

Local property lawyers

Traditionally, you would communicate with your property lawyer in person, sending documents via mail and making appointments to visit their office. This would require you to find a local lawyer or firm that has expertise in property law and is easily accessible for appointments. 

Depending on the complexity of your transaction,  a local lawyer may offer a better understanding of regional bylaws and regulations. They may also provide you with more personalised services because of this. 

Online legal services

With significant growth in online services, many conveyancing transactions are now also offered online. Property transfers are communicated via email and phone conversations, and identity checks are conducted via secure web applications. This enables your property lawyer to be based anywhere in New Zealand and still provide the same high-quality service.

As long as you can communicate effectively through email or other written channels, there is no need to see your property lawyer face-to-face leading up to the final signing of the A & I - the authorisation for your property lawyer to transfer and register the title under a new name.  This process must be witnessed, and the witnessing is easily completed via teams or zoom.

The benefits of using online property lawyers

Online conveyancing services are a convenient and cost-effective option for those who prefer not to make physical appointments. You’ll receive the same legal services with more flexible scheduling and possibly lower fees.

Convenient

Online conveyancing is an alternative option for those who do not have the time or ability to attend face-to-face meetings with their property lawyer. Everything you need to do can be done remotely from your home or office. This saves you time and hassle and makes the process of transferring property ownership smooth and simple.

Fast

Since there is no need to work around appointments, online property lawyers can usually provide a faster service. This can be especially beneficial for those who need to complete a property transfer within a tight deadline. This is dependent on several factors including satisfying due diligence obligations and having all the paperwork and conditions in order.

Transparent pricing

Another advantage of online property lawyers is that you will have agreed to a fixed price before the work begins, making it easier to budget for legal expenses. In comparison, a local property lawyer will most likely charge an hourly rate, meaning additional time and disbursements will be added to the final costs. 

Secure

Online conveyancing providers use secure servers and encryption to protect your data, ensuring your transaction is safe and secure. As all communication and documents are transmitted electronically, there is no risk of documents getting lost or stolen in transit.

Conveyancing services NZ

Your conveyancer will handle the entire property transaction for you, making sure you have a seamless, stress-free experience. Their key tasks include:

Completing property title checks

Your conveyancer will complete a property title check to identify exactly what is included in the transaction. This will highlight any easements, covenants, rights of way or other relevant records, as outlined in the Certificate of Title. 

Reviewing the Sale and Purchase Agreement 

They review the Sale and Purchase Agreement to ensure that recorded conditions are agreeable and achievable. This safeguards you from any potential issues before the transaction is unconditional. Your conveyancer will negotiate on your behalf and liaise with the other lawyers.

Intermediary services

A conveyancer acts as a representative for your transaction, handling all communication between affected parties. For example, the lawyer on the other side of your transaction, financiers and local authorities. They also assist you with your lending application with banks or brokers and ensure rates are taken care of for the local council. 

Financial applications

If you are using the KiwiSaver HomeStart Grant to buy a property, your conveyancer will help you navigate the application process. They will explain the eligibility criteria and guide you through the necessary forms. 

They will also liaise with your KiwiSaver provider to ensure funds are transferred to the appropriate account on time. 

Reviewing the Land Information Memorandum 

Your conveyancer will help you request a Land Information Memorandum (LIM) report from your council. The conveyancer will review this report and notify you of any issues that may affect the property value. For example, these could include outstanding rates, building consents, or resource consents. If concerns are raised, they will help you negotiate with the seller. 

Due diligence

Your conveyancer is obliged to perform Customer Due Diligence (CDD) checks and report any suspicious activity, ensuring compliance with regulations and preventing illegal activities. Under the Anti Money Laundering and Countering Financing of Terrorism Act 2009 a lawyer is a reporting entity and obliged to comply under the act. This includes verifying the identities of everyone involved in a property transaction and reviewing all finance details required for purchase. 

Arranging settlement 

Once the deposit is paid,  your agreement becomes unconditional and you have a specified time before settlement is completed. If you are purchasing, your conveyancer will assist you in finalising your mortgage. If you are selling, your conveyancer will assist in working towards a discharge of the mortgage. They will communicate with the other parties' lawyers, and your bank and complete the transfer of title. They will also authorise the real estate agent to release the keys and check that everything is settled according to the agreement. 

While a local property lawyer may offer some benefits, an online provider can offer the same high level of service. The difference is, an online conveyancer is generally more efficient, affordable, and easier to work with. 

The team at Halliwells via LegalPath operate entirely online, providing a simple, cost-effective conveyancing service. You can learn more by requesting a free quote today.