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We spoke to lawyers and conveyancers across the country so you don’t have to.
It’s a good idea to find a property lawyer or conveyancer before you start selling your home.
Sale and purchase agreements are legally binding, and property sales can move quickly, so it’s worth finding a lawyer or conveyancer at the start of things.
The New Zealand Law Society’s ‘Find a Lawyer’ directory is a good place to start.
Choose “Property” under ‘Area of law’, followed by “Residential Property” under ‘Specialisation’.
Some lawyers have a blue tick next to their name, indicating they’re an Accredited Property Specialist which could be helpful to look for if you anticipate complexities with your sale.
The New Zealand Society of Conveyancers has its own directory. Search by the name of a conveyancer, the name of a firm or the region in which they’re based.
Both are qualified to help you with the conveyancing work involved in selling your home.
That doesn’t mean their qualifications or the scope of their work is the same. A lawyer has broader legal training and can advise you on other areas of law that may affect the sale.
A conveyancer could be more cost effective, though fees are usually similar between conveyancers, sole legal practitioners and online property-law services.
The short answer is no, not usually.
Much of the process can be handled by email, phone and video call.
That gives you a much wider pool to choose from, rather than simply selecting the firm closest to your home.
There may still be reasons to choose someone local e.g if you prefer meeting face to face, or if your sale involves an unusual title, council issue or other complication where local knowledge would be helpful.
Generally speaking though, location shouldn’t be your most important consideration. A responsive property specialist based elsewhere is a much better choice than a nearby lawyer who only handles the occasional property transaction.
If you can pick almost any lawyer or conveyancer in the country to work with, how should you choose between them?
Check that property is a significant part of their work
If your property is owned by a trust or company, has an unusual title or involves another complication, ask whether they regularly handle similar transactions.
Read online reviews, but look beyond the average star rating. Filter by low-star reviews. How many are there? Are there any themes emerging e.g. around missed deadlines, poor communication, unclear advice or unexpected fees?
Firm size is another consideration. Large, full-service law firms tend to charge more, particularly if your work is being handled by a partner or senior lawyer. Though they can also draw on specialists from other areas if your sale becomes complicated.
A smaller property practice, conveyancing firm or online provider may offer a sharper fee. Firm size alone doesn’t tell you whether you’re getting good value, but it may help you narrow down the type of provider you want to approach.
Fixed fee services assume that the sale will be straightforward, which may not be the case. If the transaction becomes complicated, some of the additional work may fall outside the package and the final cost may be higher.
Fixed-fee services don’t lend themselves well to private sales.
As a private seller, we recommend asking your lawyer to prepare a draft sale and purchase agreement which a fixed-fee model is unlikely to cover.
You may also wish to lean on your lawyer to support negotiations with the buyer’s lawyer. Fixed-fee providers (and some other legal firms we spoke to) may be less willing to offer that support.
We spoke to lawyers and conveyancers across the country so you don’t have to.
Once you’ve shortlisted two or three providers, give each of them the same information about your sale.
Compare their quotes to see what they cover.
Lawyers must tell you in advance how their fees will be charged, and those fees must be fair and reasonable. The New Zealand Law Society recommends discussing fees at an early stage.
Pay attention to how the firm handles your first enquiry.
Do they reply within a reasonable time? Do they answer your questions clearly? Do they explain things in plain English? Do they have the capacity to work within your timeframe? Is the person you’re speaking to the person who will be doing the work? What is your gut telling you? Do you feel like you could work with them?
Your lawyer doesn’t need to have the flashiest office or the most impressive website but they do need to communicate clearly, be responsive, and available when the sale starts moving.