Standard Procedure for Sale of a Residential Dwelling 

The following outlines the standard procedure Pier Law performs for selling a residential dwelling.  These steps must be handled by your lawyer.  At Pier Law we provide full services for your residential legal needs.  Don’t hesitate to contact us if you are selling a property.  The standard specification for a sale is as follows:

1. Perform a preliminary interview – ideally before the contract is signed – to discuss purchase price, contract terms and pitfalls.  This preliminary interview will require us to search your title, to check the agent’s representations in respect of the purchase with the purchaser’s solicitor and to advise you on the relative merits of competing offers. 

2. Advising the purchaser’s solicitor of your status and in particular your authority to sign the contract (if necessary). 

3. Obtaining from the purchaser’s solicitor confirmation of conditions after diarising the time for satisfaction of conditions. 

4. Obtaining from the purchaser’s solicitor confirmation that the contract is unconditional and discussing with you any conditions required by you to complete as a direct result of the confirmation of the conditions prior to settlement i.e minor repairs. 

5. Forwarding to your mortgagee(s) advice as to sale and requesting appropriate discharge. 

6. Preparatory to the completion of a settlement statement conducting the appropriate research and completing the apportionment in respect of rates.  Liaising with the real estate agent company as to the deposit and in particular ascertaining that it has been paid. 

7. Preparing the settlement statement with appropriate undertakings and forwarding same to purchaser’s solicitor with our settlement requirements. 

8. Seeking and obtaining the balance of the deposit (if paid) from the real estate agent. 

9. Receiving from the purchaser’s solicitor notices of sale for lodging with the local authority (in the case of Christchurch with the Christchurch City Council).

10. Obtaining from purchaser’s solicitor detail as to the Land Information New Zealand dealing number, primary contact and conveyancing professional.  On the Land Information New Zealand website accessing the dealing number, preparing and printing the client authority form. 

11. Attending upon you, obtaining suitable identification and obtaining your signature to the client authority form, seeking advice as to the whereabouts of the keys and if necessary uplifting same. 

12. Providing the purchaser’s solicitor with our undertaking to release, in the Landonline Workspace, the discharge of mortgage (if any) and transfer following the receipt of settlement funds. 

13. Receiving and receipting settlement funds. 

14. In the Landonline Workspace releasing the discharge of mortgage(s) (if any) and transfer to the purchaser’s solicitor. 

15. Arranging for the lodgement of the mortgage repayment funds to your bank. 

16. Arranging for the payment of rates as required to comply with the undertakings given in the settlement statement. 

17. Reporting and accounting to you with confirmation that settlement has been concluded and providing you with full statements and confirmation of the balance lodged to your bank account. 

18. Sending sale notices to local authority.  

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If you are interested in more information or advice on residential law, please contact one of our friendly staff at the Kaiapoi or New Brighton offices to arrange an appointment.