The process of buying a property explained
Here’s how to make it happen:
So, you’ve found the perfect home and you plan to make an offer – this is both an exciting and nerve raking time! How much should you offer? Are you offering too much or not enough? What conditions should you include? Who does what and who should you engage to help?
Start by making your intensions known to the agent, that:
1) You would like to make an offer of the property/ Get some price indication from the agent.
– Ask for a Sale and Purchase agreement (also get the ‘guide to purchasing Real Estate’)
2) You would need to engage a Mortgage broker or talk to your bank manager
– You could possibly already have a broker who has organised your pre-approval
– This amount agreed upon, allows you to purchase at that dollar value
– You may need to organise First home grant as a first home buyer
– You may need to organise the release of Kiwisaver toward your deposit/loan amount
( Your broker will be able to assist you with this)
3) Draw up the sale and purchase agreement with the agent:
– Make an offer: Either full asking price or discuss your offer with the agent for advice
– Write in your offer and initial where appropriate with the agent’s assistance
– Ask about which protective conditions could/should apply ie;
* Finance to be finalised within 10 to 15 working days of date on agreement
* Organizing the release of Kiwisaver and application of First Home Grant
* 10 to 15 days to get the deposit released to the agents trust account.
(A trust account is a legal secure entity for holding your deposit safely)
– Allow 10 to 15 Working days for LIM report and Title deed to be accessed
– Allow 10 to 15 Working days for Building report to be applied for
(Building report does not apply when your purchasing bare land)
4) ‘Further terms and conditions’ in the agreement should/could be:
Getting your solicitor 5 to 7 working days from date on the agreement to have a look at it for approval
GET YOUR SOLICITOR TO EITHER APPROVE/AMEND OR REJECT THE AGREEMENT AND LET THE AGENT KNOW THE OUTCOME WITHIN THAT ALLOWED TIME LIMIT.
Sale and Purchase agreements are legal and binding documents prepared by the Auckland
District Law Society and the Real Estate Institute of New Zealand, so you’d need to be sure of
your final decision before signing a sale and purchase agreement. You should get a Guide to Sale and Purchase Agreements from your Agent in order to understand the agreement and your rights better.
5) i) Once your solicitor has approved your agreement to purchase you can make the offer; or
ii) The vendor may have already also approved your offer and price; or
iii) The vendor may have rejected your price if it was too low..
Option1: You could offer more (negotiate)/ discuss with the agent and the agent would then present/discusses your counter offer with vendor.
Option2: You could reject the deal based on counter offer from vendor being price too high and then agreement is at an end.
But ….. If there is agreement on price and conditions and it is finalised between both parties and is agreed upon, then….
a) You the purchaser, get 1 to 2 days to pay the deposit to the trust account (or longer if prior arranged)
b) You also engage a building inspector if it’s for a house or building
c) You inform your mortgage broker and solicitor that the ‘agreement is now in place’
You will have some time to deliver the building report (as indicated above)
You will be working toward your settlement date as per your agreement
You must begin final processing of your mortgage with your broker/bank
When all conditions are met according to the allotted times you or your solicitor will notify the agent AND vendors solicitor that you are unconditional on the agreement, or You might not agree on one or many of the conditions stipulated, ie; Building report; LIM report; and so you may want to arrange with the vendor to have these remedied. The vendor has a right to this option within a certain agreed time limit. Most vendors normally agree to remedy most issues.
About 3 to 5 days before settlement takes place, you will get a final opportunity to view your new purchase (final Inspection) to ensure all is as you had originally viewed it before purchase.
Upon your satisfaction, the settlement will be arranged bank and solicitors will settle finances.
You will get title to the property transferred in your name on the agreed settlement date.
Your agent will be notified via solicitors and arrange to meet you thereafter at the property and hand you the keys to your new home.
Congratulations! Done! Enjoy your new home!
Disclaimer: This is a rough outline as to how the purchase of a property may process; in many instances there are vast differences which are best discussed with the agent at the time of engaging in discussions on any property you’d like to purchase. Do not take this as the only and accurate process of buying a home or any other property.
You should also do your own Due Diligence on a property before purchasing.
Gerald Simpson (Licensed Real Estate REAA 2008)
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