What is a property transfer?

property transfer and conveyancing in auckland with Quay Law your Auckland lawyersproperty transfer occurs when money or the ownership title on a piece of property, such as a house or parcel of land, changes hands.

Our Quay Law conveyancing lawyers can assist you with your property transfer.  We will advise and help you before you buy the property and then give you down to earth and reliable legal services to make sure your house purchase or  sale goes smoothly.

Our property lawyers will explain how to avoid the common mistakes.  Our conveyancers know that not all property transactions and transfers are the same.  Buying an apartment is different to buying a cross lease section or buying a unit title dwelling is different to buying a residential home.  Your purchasing legal options can vary as well based on your unique circumstance.  Do your require a trust or should you purchase a property using a company as a legal vehicle or entity.

Our Auckland conveyancing team  will take care of the detail of your property sale or purchase and give you legal advice that is easy to understand.

To contact an approachable conveyancing lawyer.

Frustrated house-hunters turn to experts

Source and Picture NZ Herald – 5 September 2012

Some time-strapped house-hunters frustrated by Auckland’s booming housing market are turning to expert services to secure their property investments.

A growing number of buyers are cutting the stress of house-hunting by employing buyer’s agents to handle the entire sale process.

While estate agents make their money by working on the seller’s behalf, a buyer’s agent is paid by and works solely for the buyer.

Auckland-based Erskine+Owen, which specialises in finding and negotiating properties for buyers, has doubled its client base in the past eight to 12 months as people compete for houses.

Erskine+Owen director Alan Henderson said the company was dealing with between 50 and 100 clients a week.

About half the clients were overseas investors and there had been a huge increase in the number of first-home buyers wanting help.

“It’s mainly people that are time poor and don’t have the expertise and don’t have the information,” Mr Henderson said.

The company charges about $11,000 for a comprehensive package which includes arranging finance, telling clients where to buy, finding properties and negotiating.

 

Aucklander Richard Cuttriss contracted Erskine+Owen last year when he gave up on buying a house in the central city and his bank manager recommended he use a buyer’s agent to find investment property.

“I don’t know how a house’s value is determined. I go along to the real estate agent and will say, ‘How much is this worth?’ and they say, ‘Well, what is it worth to you?’ and I don’t know,” the 37-year-old said.

Mr Cuttriss used a buyer’s agent to purchase his first rental property in Glendene last year and a second in Otahuhu this year, paying between $300,000 and $400,000 for each.

“It’s been too easy. Some people enjoy going out and visiting open homes and going through the whole negotiation process and getting in and doing the renovation work and I’m not interested in any of that,” Mr Cuttriss said.

Harcourts New Zealand chief executive Hayden Duncan said there were few buyer’s agents in New Zealand because buying a house was relatively straightforward.

Buyer’s agents were more popular in Australia, Britain and the United States, he said.

Real Estate Institute of New Zealand chief executive Helen O’Sullivan said buyer’s agents were creeping into the industry but she felt it would always be a niche market.

Some of the larger real estate agencies had buyer’s agents who worked with buyers to help them find the right properties but were linked with experienced sales agents. The buyer was not charged a fee and instead the vendor commission was shared so they were legally obliged to work for the seller.

Auckland Council Valuation – Owners have until December 16 to object to their valuation

Source:  Weekend Herald – November 2011

Auckland Council’s revised property valuations are supposed to represent probable market value.

The Weekend Herald put them to the test at a busy auction day. Phil Taylor reports

It seems owners held off selling until after the Rugby World Cup. That, and the springtime bump, have Barfoot and Thompson’s auction rooms buzzing.

It is Wednesday, and five auctioneers take turns chomping through 74 properties. Sixty-four per cent sell. It takes most of the day so February must be a frenzy.

As many as 100 can go under the hammer in a day in real estate’s busiest month, auction manager Tim Carter tells the throng that ebbs and flows through the day from 20 to 100 people.

Carter is friendly, his patter smooth, his dress immaculate. Presentation is the first rule of sales and that doesn’t just apply to the merchandise.

Buyers wear what they like, it’s their money that talks. Today some wear business attire, others dress casual. An older man is in shorts.

The fun begins almost immediately and during what should be the sombre part, the mortgagee auctions. Agents take instructions from vendor-bankers on the phone who make cool decisions on the numbers, unencumbered by emotion.

But come Lot 5 and a discernible giddiness leaks through the room. Three bidders battle for a one-bedroom apartment with covered balcony, near Myers Park in the city. At $52,000 the bank says it’s on the market and at $60,000 the pretty Asian woman in the “Julius the Monkey” T-shirt is the new owner. Nerves give way to relief, exhilaration maybe. The man in the hoodie hugs her. It will turn out to be the low price of the auction.

The buyer later introduces herself as “Tina”. She is effervescent. It’s her and her partner’s first auction and first investment property. They own their home in Henderson Heights and she is on maternity leave from her accounts job.

In contrast a once-high-flying-but-now-bankrupt developer sits at the front raising his hand to up the ante during another mortgagee lot two partly built Parnell townhouses. David Henderson knows the ropes. He goes about the task perfunctorily, reaches the point his party won’t go beyond and the hammer falls in favour of another bidder at $2.45 million.

There are several small offices at the rear of the room where agents take instructions from vendors as bidding progresses.

A wallchart depicts the property clock: 12 o’clock, boom; 3 o’clock, corporate failures and falling commodity prices; 6 o’clock, falling real estate values.

In the foyer is a framed quote from Maurice Thompson, a company founder. “The longer I live the more certain I am that enthusiasm is the little recognised secret of success.” It recharges mind and body and, says Thompson, “is the enemy of pessimism for which there is no room in a real estate agency”.

Some properties are passed in, a handful don’t attract a bid but mostly sales are buoyant. Many people do their own bidding, often chasing a home of their dreams.

Eager contests pump prices and the fall of the hammer produces winner and loser, elation and deflation.

A character three-bedroom Grey Lynn villa comes down to a battle between two determined bidders. The winner is a pregnant women with a baby in tow. Tears, embraces, then off to complete the paperwork.

At $1.038 million, the villa fetched 25 per cent more than the council’s new valuation of $830,000 (itself way up from $680,000 previously).

One agent thinks the claim that the new valuations are “probable market value” absurd. “It’s all over the place,” she tells the Weekend Herald. Another estimates a third are about right and a third each are above and below, sometimes significantly.

The valuations are a distraction, that agent says, and may cause the internet-savvy (who check valuations online and decide not to bid) to miss out.

But optimism is the flavour of this day. The Grey Lynn villa reflects the trend the average (disregarding mortgagee sales) is 24 per cent above the council’s valuation.

It could have been higher. Some auctions leave you scratching your head, such as the Sandringham three-bedroom brick and tile cross-lease where the vendors turned down an offer 41 per cent above the council’s valuation of $325,000. Or the three-bedroom with the modern kitchen and double garage in Blockhouse Bay, passed in despite an offer 45 per cent above the valuation of $330,000. Do the owners know something the council doesn’t?

The biggest “over” among the day’s sales is a picture-perfect four-bedroom Croydon Rd, Mt Eden villa that fetched $1.285 million 34 per cent above the new valuation of $960,000 (up from $880,000).

Something’s happening. A luxury apartment sold for 45 per cent above valuation at a Bayleys auction this month, fetching $1.42 million, and a Remuera house topped that, selling at 51 per cent above valuation for $2.85 million.

At the beginning of the month Quotable Value reported Auckland was back nudging record boom-time prices.

Overheated? One agent risks contravening the Code of Enthusiasm with a word of caution. Are buyers not watching what is happening in Europe? Property is flat in Australia and our interest rates are hardly likely to drop further. A mini-boom that may bust, she wonders.

Could it be that it is 35 minutes past the hour on the property clock “Hesitant uneven recovery”?

Auckland Council’s valuation team leader Peter McKay isn’t surprised by the trend of prices outstripping valuations. The valuations aimed to reflect the market on July 1 and it has continued to rise steadily, particularly in inner-city suburbs.

With 40 valuers assessing Auckland’s 516,000 properties it is impossible to visit them. Instead relevant sales are scanned to pick trends and consent files examined for improvements.

So far 4000 objections have been lodged and come from both those whose valuations have risen and fallen. Big increases mean higher rates but could help those planning to sell, the opposite applies for decreases.

Some whose valuation dropped markedly have run into money problems as banks demand more collateral, such as Hein Erasmus, owner of a leaky Gulf Harbour property. He borrowed about 80 per cent of the previous valuation of $345,000. “The problem now,” he said this month, “is the valuation has dropped 67 per cent to $121,000 because it is a leaky complex. We owe the bank 247 per cent of the value.”

McKay says it is unusual for properties to decrease. Most common reason are weathertightness issues, land changes (such as subsidence) and the impact of the global financial crisis.

In the auction room there is an outburst of enthusiasm. C’mon, the auctioneer cajoles a hesitating bidder, “it’s only money”. “Is that your Mother? Don’t listen to her, mothers always say ‘no’.”

Back at the office a check of the council valuation for Tina’s apartment reveals it is $160,000.

She has bought at 62 per cent below valuation the biggest discount of the day.

Tina could just be laughing all the way to the bank.

- Additional reporting: Anne Gibson

Revaluing the Super City
* Biggest revaluation with 516,000 properties assessed by 40 valuers from Auckland Council and Quotable Value.
* Aimed to bring valuations by the former councils under one umbrella and timeframe and to set rates.
* Aimed to reflect “probable market value” as at July 1 but not intended for marketing or mortgages.
* Properties assessed by examining relevant sales and registered improvements.
* Normally properties increase in value but this time some fell, the main reasons being weathertightness (those with a history of leaks and those built of materials associated with leaks), land changes (such as subsidence) and the impact of the global financial crisis.
* Owners have until December 16 to object to their valuation.

Conveyancing and Property Law: Your Deposit – What does this term really mean?

When reviewing the Sale and Purchase agreement with potential property purchasers, the term “deposit” often creates some confusion.

What does deposit really mean?

Well, it can mean different things to various people involved with your property transaction. This legal hint focuses on clarifying any confusion that may exist whether you are a first home buyer or moving to your next family home.

If the term deposit is used by the Real Estate Agent and referred to on the Sale and Purchase Agreement, this is the deposit or payment made by the purchaser of the property into the vendor’s lawyer’s or real estate agent’s trust account. This payment may fall due upon the contract becoming unconditional or upon the contract being signed. Whilst the deposit amount is usually 10% this is completely negotiable. You should be aware that an Auction Agreement for the purchase of a property will have defined deposit terms included within the contract and this deposit is usually payable on the fall of the hammer.

If the term deposit is used by the bank or your mortgage broker then this term usually has no relevance to the deposit payable under the Sale and Purchase Agreement. The term deposit used by your bank or broker refers to your contribution towards the property purchase i.e the difference between the property purchase price and the mortgage or loan amount. By way of example if your lender highlights that you require a 20 % deposit then this signifies that you will be required to have 20% equity in the property or to rephrase your lender is only prepared to give you a loan for 80% of the property purchase price. The remaining money will need to be provided by the legal entity which will own the property.

KiwiSavers who meet certain criteria are able to utilise their individual and employer contributions to go towards the purchase of a property. This offer is commonly termed a deposit subsidy and is usually advanced to the conveyancing solicitor on the day of settlement.

If you have any further questions regarding  conveyancing  and property law or your property deposit, please do not hesitate to contact one of our lawyers at Auckland law firm, Quay Law NZ.

Phone: (09) 523 2408

Email: quaylaw@quaylaw.co.nz

Address: Level 1, 427 Remuera Road, Remuera, Auckland.

Property Law – What is a Pre-Settlement Property Inspection?

Property Law – Pre-Settlement Inspection.

During the normal course of events prospective property purchaser’s visit a house they intend to purchase and if the property is to their liking, enter into an Agreement for Sale and Purchase.  This agreement should preferably be reviewed by their solicitor prior to being signed. Once the specified conditions of purchase have been met, the contract becomes an unconditional agreement (a binding contract).   At an agreed date in the future, settlement / possession shall occur.

It is important to understand that a buyer is entitled to carry out a pre-settlement inspection in order to avoid any unpleasant surprises. Examples could be a window broken, light fittings missing, a burn mark on the carpet, etc.  Obviously this damage must have occurred after the date on which the agreement was signed.

The pre-settlement inspection is normally arranged by the real estate agent, and must be carried out no later than the day before settlement is scheduled to occur.  During this inspection the property purchaser should ensure that the property is in the same condition as it was on the day that the contract was signed.  If any damage has occurred since the signing of the Agreement for Sale and Purchase, the purchaser can request that the problem be remedied or alternatively could ask for compensation.

Depending on the situation the purchaser’s solicitor could negotiate with the vendor’s solicitor to retain and amount in their trust account pending the satisfactory correction of the identified damage.

For more information on property law, your conveyancing transaction or proposed agreement for sale and purchase of property please contact a property lawyer at Auckland law firm Quay Law.

Fixed prices for Standard Property Residential Transactions

Quay Law embracing new technology to assist you

Buying or Selling a property can be a stressful exercise, but a revolutionary online resource is set to facilitate a smooth transition throughout the legal process. The KeyTrack software allows real estate agents, mortgage brokers, vendors or purchasers of property to follow their property deal online. 24 hours a day, 7 days a week.

Quay Law will keep you up to date by:

  • Sending you instant text messages and / or email alerts throughout the property transaction.
  • Sending you notification as your agreement becomes unconditional.
  • Informing you when your property deal settles and when keys can be released or collected.
  • Ensure effortless communication with your lawyer at Quay Law.

How will we do this?

  • We will provide you with instant access 24 hours a day 7 days a week to a secure transaction status reports.
  • You are able to receive updates and view your reports from anywhere in the world.
  • Provide you with the facility to view multiple transactions online with a single login.
  • Enjoy free electronic storage so you can view reports in the future.

Call our Property Law team at Quay Law today for more information.

Ph: 09 523-2408

Settlement time dangers: buyer loses house but still owes vendor

Jazial Crossley, Monday June 15 2009 – 07:48am

The high risks involved in in longer residential property sale settlement times have been highlighted at a recent High Court case and experts are recommending buyers seek legal advice before finalizing the settlement period on a purchase.

Buyer Yanxun Sun who purchased a Lewis Rd, Karaka property in August 2007 with a twelve month settlement period not only lost the land, but had to cough up over $360,000 to the vendor. Mr Sun entered an unconditional agreement to buy the property for $1.1 million at a time when banks were lending 80% finance and paid vendor Peter Grant Tucker a $55,500 deposit. But by the time settlement approached in August 2008 the property market had sunk, and Westpac said it required a valuation before lending to Mr Sun.

Valuers Marsh & Irwin said the property was worth $1.05 million, and Westpac would then only commit to lending 50% of the property value. Other banks said the same, having changed lending policies when the property market crashed in the intervening period. Mr Tucker cancelled the agreement and resold the property through Harcourts for the market price of $750,000. Mr Tucker then took Mr Sun to court to reclaim the balance he lost on the original $1.1 million sale.

In the High Court at Auckland, Judge Anthony Christiansen ruled that Mr Sun is liable to pay Mr Tucker the $304,500 he lost on the sale and incidental losses of $529.

New Zealand Property Investors Federation president Martin Evans said he recommends investors allow four weeks for confirmation and settlement. “Longer settlements allow investors time to do maintenance work on properties before possession takes place,” Mr Evans said. “Circumstances do change, and a lawyer should give a buyer advice about a suitable settlement period.”

 Bayleys residential manager Rachel Dovey confirmed one month was the average settlement time buyers sign on for. She adds that longer settlement times have become less common over the past year. “A lot of buyers are typically cashed up, renting and ready to move so they do not require the extended time,” Ms Dovey said. “However there is still a small group of purchasers who require much longer settlements, who have had the ability to purchase but have not yet sold their own home.”

http://www.nbr.co.nz/article/settlement-time-dangers-buyer-loses-house-still-owes-vendor-103697

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