Property Conveyancing – What is the difference between a Condition and a Warranty?

Ph: (09) 523-2408

Ph: (09) 523-2408

Conveyancing: Condition or warranty?

Often determining whether something in a property contract is a condition or a warranty can be difficult.

As a high level definition:-

A condition is when a party to the sale and purchase agreement has to do something by a specific date, failing which the property contract may fall over.

A warranty is a promise to do something (but does not always specify the date it must be done by), where failure to do so will result in a breach of contract.”

Our legal tips do not substitute for legal advice tailored for your circumstance.  The Quay Law, Auckland property lawyers and conveyancing team recommend you discuss you property sale and purchase agreement with a conveyancing specialist prior to signing the legal and binding contract.

http://www.lawyerinauckland.co.nz/contacts.html

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Conveyancing | Signing the Sale and Purchase Property Agreement

Auckland Law firm and Property lawyers guiding you through the property transfer processSource – Your Auckland law firm Quay Law.

Signing documents – The Sale and Purchase Agreement for property.
A common misconception among vendors, buyers, agents and salespeople when signing a contract for sale and purchase of property is that a person can sign for and on behalf of an absent party. This has legal implications and it advisable to consult with your conveyancing lawyer prior to signing the agreement.

It is best practice to obtain a power of attorney  or other appropriate written authority from the absent party to enable  someone else to sign for and on behalf of them.

To discuss further please contact our Auckland conveyancing team at Quay Law.  We are an Auckland based law firm.

Contact Quay Law.

 

Auckland law firm legal tip of the week.  Our legal tips are provided by the Auckland Lawyers and Conveyancing specialists at Quay Law NZ.  These legal tips cover a range of legal topics and cover all legal matters from estate planning, to wills and estate administration, tax and IRD matters, residential and commercial conveyancing and property law, family trusts. social media law, leasehold properties, commercial Leasing and much more.  Although we are situated in the Auckland suburb of Remuera we are able to support clients overseas and across New Zealand.

Conveyancing – Dating the Agreement for Sale and Purchase of Property

Auckland law firm Conveyancing, family trusts and relationship agreementsConveyancing – Dating the  Agreement for Sale and Purchase.
Our conveyancing lawyers’ advice for all parties to a Sale and Purchase Agreement is to always make sure the agreement is dated once it has been signed and initialled by both the purchaser and the vendor.

The dating should occur once all initials are completed, and this is especially relevant if there has been an offer and counter-offer situation.

For more information regarding your property purchase or sale please contact the Auckland law firm team at Quay Law.

Quay Law  is an approachable commercial, trust and property (conveyancing) law firm based in Remuera, Auckland, New Zealand.  The experienced conveyancing staff and lawyers at Quay Law enjoy working with a diverse range of successful companies and private clients.  Our approachable lawyers offer legal services such as conveyancing, leasing, family trusts, wills, asset protection, tax matters and more.  http://www.lawyerinauckland.co.nz

How to Contest a Will?

Contesting a Will?

Shared by the approachable lawyers at Auckland law firm Quay Law. Ph 09 523 2408.

By general definition, a will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will).

As a starting point there are usually a few common legal grounds used to challenge a will.

Family Protection Act Claim: This is where close relatives of the deceased can challenge a will if they consider that the will-maker had a moral duty to have made greater provision for them in their last will and testament.

Testamentary Promises Act Claim: This is where someone claims that they had provided significant services to the deceased, relying on a promise that they would be rewarded in the last will and testament.

Property Relationship Act Claim: In this situation a surviving partner/spouse has to decide whether to accept the provision made for them under the deceased’s last will and testament or challenge the will in the New Zealand court.
The legal documents typically associated with this type of claim are: contracting out agreements, family trusts, LAQCs and other legal structures set in place during the deceased’s life.

Whilst claims typically fall into the areas or categories above, let us take a moment to reflect on the more common causes of disputes over an estate or a will: -

1. There is no will at all;

2. The final will is invalid;

3. A party believes the will is grossly unfair; or

4. The final will is contradictory to our New Zealand legislation.

As the elements and situational facts, involved with the contesting of a will are varied and each situation is unique we recommend that you take professional legal advice prior to making any such challenge.

Our approachable Auckland lawyers are able to assist you and guide you in this process . For more information please contact your Auckland law firm Quay Law.

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Auckland Law firm and Property lawyers guiding you through the property transfer processWhen you’re making key decisions about your business, your assets, or your future direction –  our experienced lawyers will act as your trusted legal adviser.

We also update our news and legal blog regularly focusing  on sharing law related tips and suggestions.  Please visit our Auckland law firm blog for regular updates and recent articles.

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Conveyancing and your home transfer process

Auckland law firms and lawyers for your property transfer process when buying you next home.Conveyancing is the term used to describe the legal work required to transfer the ownership of real estate from one person or entity to another.

As discussed in previous updates, a contract for sale and purchase  is a legally binding document and (in general) you cannot simply change your mind once a contract is signed unless there are special conditions.  It is advisable to consult with your property lawyer prior to signing the agreement however it should be noted that on the fall of the hammer at a property auction the agreement becomes an unconditional legal agreement.

Approaching  your experienced lawyer and conveyancer for legal advice before signing any documentation is the best way to ensure that your interests are protected.  Please see our lawyer’s article on the conveyancing and property transfer process for some general property transfer and conveyancing information.

Our lawyers and conveyancers are able to meet the demand for approachable and affordable legal advice in the areas of Property LawCommercial Law, Trusts, Wills and other legal services.

For more focused information and to contact our Auckland law firm team for a no obligation discussion please call Quay Law on Ph (09) 5232408.

How do I form a Family Trust?

How to set up a trust with Aucklland law firm and lawyers Quay Law 225 X 150Forming a family trust is just one step in a comprehensive, personalised asset protection plan. For the lay person this is not the sort of plan that you can come up with on your own. It involves the drafting of a range of New Zealand legal documents, which must all work together, and there is no substitute for professional legal advice on a confidential, one-on-one basis. Remember, the whole idea is to minimise risk, not add to it!

At Quay Law NZ our Trust legal specialists and lawyers | solicitors can assist you with the setting up and ongoing management of your Trust. We specialize in the establishment of the Trust and thereafter are able to support the ongoing management of your Trust along with your Trustees.

To  Contact Quay Law

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Please click on link to download our Auckland law firm mobile app. Quay Law is an Auckland law firm specializing in family trusts, wills, commercial, tax, property (conveyancing), family trusts, immigration and legal services.

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Administration of an Estate – What the Executor should consider | Auckland law firm – Quay Law

Some additional items to consider.Administration of an Estate – Checklist for the Executor written by Auckland lawyer – Ian Mellett of Quay Law

Often our approachable legal team at Quay Law are questioned about the responsibility’s of an Executor.

We hope you find this checklist of value to you and please do not hesitate to be in contact should you have any questions.

Background

When somebody dies, his or her will should be read to ensure that you understand the will maker’s intent. The people named in the will as executors then apply to the High Court for a probate order confirming the will and giving them authority to deal with the estate. If the estate is small then probate may not be required and the pros and cons of this scenario should be discussed with your New Zealand lawyer. If however, you die without a will or your will is deemed to be ineffective, then you are said to have died intestate. In this event, legislation applies and application needs to be made to the High Court for letters of administration. Under these circumstances, legislation governs who is entitled to benefit from the estate. This could result in the deceased’s wishes not being fulfilled. Dying intestate can be costly.

Executor or Trustee of a Will

If a Last Will and Testament exists, it will refer to the Executor. This is a legal term referring to a person named or nominated by the will maker, to carry out the directions of the will. You will be required to be guided by tax laws, inheritance laws, property law, court procedures and naturally the demands of the beneficiaries. You are held accountable for carrying out your role properly. A lawyer is there to assist you with your duties and to protect you in this role. Estate administration often involves delays but the majority of estates are administered in an effective and timely fashion.

What should you provide to your lawyer?

  • Original Will, if not already in their possession
  • Bank account details including bank statements, cheque books, credit cards held in the sole name of the deceased
  • Shared bank account details.
  • Life insurance policies.
  • General insurance policies on the house, contents, vehicles, funeral or businesses.
  • Birth certificate.
  • Marriage certificate.
  • Death certificate.
  • IRD numbers and current statements.
  • Work and Income beneficiary number and any correspondence from Work and Income.
  • Addresses and IRD numbers for all children and beneficiaries of the estate.
  • Drivers licences.
  • Passport.
  • Funeral account.
  • Deceased’s interests in other estates and trust.
  • Deceased’s business interests.
  • Portfolio of investments / assets.

* This list is not an exhaustive list.

Some additional items to consider.

  • Is there a safe deposit box?
  • Did the Will contain special funeral instructions?
  • List of outstanding household accounts e.g. water, lights, electricity, council rates.
  • Are there any considerations that need to be taken into account e.g. changing locks on residences, arranging for the safe custody of personal valuables or important documents?
  • If there is a property portfolio, is there adequate property management in place?
  • Care of business if a one person business.
  • Social Media profiles and passwords if available.
  • Prepared list of assets not covered already.
  • Prepared list of liabilities not covered already.
  • Cancellation of club memberships, subscriptions, health insurance etc.
  • Identification of personal items that have been bequeathed to specific parties and receipts for their delivery to those parties.
  • What should happen to pets if not allowed for within the will?

Should you need any assistance in relation to Wills and Estate Administration, please contact Auckland lawyer Ian Mellett at Quay Law Barrister and Solicitor. He is located in the Auckland suburb of Remuera.

Our Quay Law contact details:

Phone: +64 9 5232408

Web: www.lawyerinauckland.co.nz

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A recent NZ Property Report as shared by Auckland Lawyer – Ian Mellett of Quay Law

Quay Law : Ph 09 5232408

Quay Law : Ph 09 5232408

Please find below a recent report as releasesd by realestate. co .nz. The conveyancing legal team at Auckland law firm Quay Law share this report with you for your interest. At Quay Law our property lawyers / conveyancers understand that property conveyancing transactions are diverse and can range from the sale or purchase of a residential house or apartment to something more complex. The more information that both the property buyer and property seller have to ensure a positive outcome for their own personal circumstances – the better.

Asking prices reach new high
• Asking prices rose to a new high of $445,529 up 4% in the month and up 5% as compared to a year ago. Record high asking prices were also seen in both
Auckland and Canterbury.

Significant rise in new listings
• New listings rose significantly in October with 12,688bought to the market. As compared to October last year, new listings are up 12%. And listings are up 14% from September.

Inventory levels rise
• The stock of unsold houses in October rose slightly to 33.1 weeks of stock (based on the rate of sale). This increase was witnessed by 17 of the 19 regions.
However is still well down on the long-term average of 39 weeks (9 months), and down 19% on October2011.

Market still favours sellers
• Across the country the inventory levels eased in October, but continue to sit below long-termaverages indicating a continuing tight market; this is more pronounced in Auckland and Canterbury.

Commentary
The property market continues to show signs of confidence and heightened activity as compared to the past few years. The confidence amongst sellers bringing their properties onto the market has pushed up the (seasonally adjusted) truncated mean asking price to a new high of $445,529 – the highest level since the collection of data began in 2007. This rise in asking price was noticeable right across the country, with Auckland reaching a new record high of $611,864, and Canterbury reaching a new high of $414,070. October saw a good rise in new listings (up 12% on October 2011), and this rise has lead to some balancing of the
property market in both Wellington and a number of provincial regions. While inventory levels across the country balanced in October, the market remains a firm sellers market across 12 of NZ’s 19 regions. Overall stocks of unsold houses rose slightly to 33 weeks of inventory (long term average = 40
weeks). Both Auckland and Canterbury remain firmly sellers markets, with overall inventory levels continuing to remain well below long-term averages.
The next data for November will be interesting to review as to the final flush of new listings coming onto the market in Spring – November is traditionally one of the biggest listings months of the year. Last year that total was just over 13,000 – that at a time when inventory was considerably higher than today.
Asking Price The seasonally adjusted truncated mean asking price for listings rose 4% (from September) to an all time high of $445,529 in October. This new record
asking price level was up from the prior peak of $435,887 reached in May this year.
The trend as seen in the chart opposite continues to show strength in seller expectation and strong demand in the main centers.
New Listings The level of new listings coming onto the market in October continued to increase, with 12,688 listings
in the month – up from 11,514 in September (14% increase). October also saw big increases on last year, with an increase of 12% in listings. On a 12 month moving total basis the number of new listings that have come onto the market in the last year totals 132,291, as compared to 124,503 in the prior 12 month period, this represents a rise of 6.3%. Inventory The level of unsold houses on the market at the end of October (43,921) remained stable, when
compared to September (44,063) as measured on a seasonally adjusted basis. The inventory as measured in terms of equivalent weeks of sales rose last month to 33.1 weeks last month. This rise was witnessed across 17 of the 19 regions. But overall inventory levels still fell well below the longterm average of 39 weeks. For more click on link below.
PDF of the REALESTATE.co.nz report

To contact Auckland law firm – Quay Law please visit our property Website or call (09) 5232408.

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