Buying or selling your home or bach? We can complete your property transactions efficiently and accurately, providing helpful advice as needed. We pride ourselves on a personal approach, and we will keep you informed every step of the way.
HOW CAN WE HELP?
Whether you are a first home buyer or an experienced property purchaser, we can help make sure the finance side of your property purchase is smooth and stress free. We can assist with gifts and loans from family members (and help ensure the gift or loan is protected from future relationship property claims), and can process property transactions involving KiwiSaver and HomeStart Grants.
Contact us for the right advice when buying or selling your property.
FREQUENTLY ASKED QUESTIONS
What is conveyancing?
Conveyancing is a term used to describe the legal work required for completion of a property transaction — usually a sale or a purchase.
Should I use a lawyer when I am buying and selling property?
Yes. Besides being able to assist and advise during the preparation and signing of the sale and purchase agreement, the deposit and settlement monies should always be paid to a trust account.
When purchasing a property you should never pay the deposit directly to the Vendor, as it may be hard to recover if the agreement is cancelled for any reason, or the Vendor may spend it and not have sufficient funds to repay their mortgage on settlement day. A deposit should always be paid into a trust account. Your lawyer can also provide necessary undertakings to enable a smooth settlement, protect your interests, and ensure that the bank's interests are protected by either registering the mortgage against the title or releasing it and repaying the amount you owe back to the bank.
Another advantage of engaging a lawyer is that they are qualified to advise in all aspects of the law which may need to be dealt with as part of the overall property transaction — for example making or updating your will, setting up a trust and any relationship property matters which may apply. We take a holistic approach and ensure that all your affairs are in order.
Can I use my KiwiSaver to purchase a house?
You may be eligible to withdraw all or some of your KiwiSaver contributions towards purchasing your first home if you have been a member of KiwiSaver for three years or more. This withdrawal can be a very significant contribution towards the deposit under the contract, and towards the total purchase price for the property.
Your eligibility is determined by various criteria. You must intend to live in the property (it cannot be an investment). If you have owned property before, you will also need to obtain confirmation from Kainga Ora - Homes and Communities that you qualify for second-chance eligibility. Talk to us about the process and other things to keep in mind.
What are the different types of property ownership?
When buying a property, it is important to consider what the best form of ownership is for your situation. This will differ depending on if you are buying a rental investment property or a home to live in, as well as your personal circumstances, so it is essential to get professional advice on your structuring options.
There are numerous options available, the most common of which are:
- Sole ownership: where one person solely owns the property. If you are purchasing the property in the names of two or more people you can choose to be Joint Tenants or Tenants in Common.
- Joint Tenants: the names of all owners are listed together on the title. If one owner passes away their share will automatically pass to the other owners, it will not pass to the estate of the deceased owner.
- Tenants in Common: ownership of the property is divided into shares. These can be 50/50 or a different percentage based on the amount each party contributes to the purchase. Should one of the owners pass away their share in the property will go to their estate. This method of ownership is suited to business partners co-purchasing a property or couples with children from former relationships that wish to leave a share in the property to their children.
- Family Trusts – held by the trustees of the trust for the benefit of the beneficiaries.
All too often, people do not understand the differences and ramifications of the various forms of ownership. It is important to get this right. We can discuss this with you.
What is the bright-line test?
Investors in residential property need to be aware of the “bright-line test for residential land” which has been in effect since 1 October 2015. Since that date, gains on the proceeds of sale of residential property acquired and disposed of within certain periods are liable for income tax, subject to certain exclusions.
The bright-line property rule looks at whether the property was acquired:
* on or after 27 March 2021, and sold within the 10-year bright-line period
* between 29 March 2018 and 26 March 2021, and sold within the 5-year bright-line period
* between 1 October 2015 and 28 March 2018, and sold within the 2-year bright-line period.
One of the purposes of the bright-line test is to “target people who seek to make a profit from property speculation”, and as such in most situations it excludes property used as your main home, inherited property and property sold subject to a relationship property agreement. However, the “main home” exclusion does not apply when you have used the exclusion two or more times within the two years immediately prior to the bright-line date or if you have a regular pattern of buying and selling residential land. Please discuss your plans with us before beginning the process of buying and selling property.
I recently had the privilege of working with Julie on a recent legal matter, and I can’t express enough how grateful I am for the exceptional service I received. From start to finish Julie demonstrated unwavering professionalism, expertise and dedication that has truly set her apart. From our very first consultation, it was evident that Julie had a deep understanding of the legal complexities involved in my case. Julie patiently listened to my concerns, explained the legal processes in a clear and understandable manner, and outlined a strategic plan to achieve the best possible outcome. What impressed me the most was Julie's commitment to my case. She was incredibly responsive, promptly answering all my questions and concerns, and keeping me updated on every development along the way. I never felt left in the dark or unsure about the status of my case. In the end, thanks to Julie's dedication and legal expertise, we achieved a positive outcome that exceeded my expectations. I can't thank her enough for the peace of mind she provided during a challenging time in my life. If you're seeking a lawyer who combines legal excellence with genuine compassion for their clients, I wholeheartedly recommend Julie. I would not hesitate to enlist her services again if needed in the future.
Julie has acted as our lawyer for a number of years. She has represented our interests on property conveyancing i.e. purchasing, selling and also reviewing build and development contracts. Julie also helped us create our Wills and EPA with good advice on how we might structure them in a clear and concise manner. We have no hesitation in recommending Julie. We have found her to be professional, approachable and respectful, and she explains 'legal language' In layman's terms and is always responsive to our queries.
I’m very appreciative of the legal advice and representation I have received from Julie Bremner. I have secured her services over the past eight years and she continues to exceed my expectations. Julie is always there to help swiftly and with a great degree of experience, knowledge and professionalism whenever I need her. I will continue to recommend her to clients, friends and family.
We recently sold and purchased a home with the assistance of Che Bunce. Che was first class to deal with, he made the process very smooth and simple, ironing out the inevitable challenges, going out of his way to help us through all the details. I highly recommend Che and look forward to receiving his help in the future.
We worked closely with Che Bunce through the process of buying our first home, as well as selling, and then buying our second. Che kept us completely up to date throughout the entire process, every time, and there we no surprises or shocks along the way! Highly recommended.
"Thank you Stacey at Base Law, you've made the handling of the purchase of my property very streamlined. Communication throughout was excellent."
"We have utilized Stacey’s legal expertise for a number of years for numerous property transactions. She is excellent to work with, has a great understanding of all legal requirements for a variety of different transaction’s relating to property. We have recommended her services to friends and family. The feedback from them has also been very positive."
"We have worked with John for nearly 2 years. In that time he has been extremely helpful in guiding us through a complicated and often delicate legal process. He has consistently offered sound, well-reasoned and pragmatic advice. In the face of a number of frustrations, he has remained steadfast in his commitment to moving our case towards a resolution with skill and patience. We feel extremely fortunate to have found John and would not hesitate in recommending his services."
"We have employed the legal services of Belinda in several different capacities over a number of years. Belinda is astute, knowledgeable and respectful, always ensuring that we fully understand all relevant avenues and implications to the matters being dealt with. We have always found Belinda to be so easy to relate to and genuinely concerned for our best interests. Belinda is our legal go to and we absolutely recommend her to anyone seeking legal advice and guidance or work. We are so grateful for her."
"Belinda’s legal advice and guidance has been invaluable to our business over the past few years. She is very approachable, thorough and responsive. We highly recommend her and look forward to our continued working relationship."
"Belinda has been my solicitor for over 7 years now and I couldn’t recommend her enough. Her attention to detail, and willingness to go the extra mile has always been above and beyond my expectations. Belinda has been an excellent and supportive lawyer throughout our 7 years together and has always been honest, hard-working, and willing to help whenever I have needed her. I highly recommend using Belinda, you won’t be disappointed."
"Jane really helped me cut through the emotional distress and confusion I was feeling and focus on the practical resolution of the issue through the legal system that I was unsure how to approach. I really appreciated the combination of Jane's expert knowledge and skills, the transparency in services and associated costs provided upfront, as well as the compassion I felt in our interactions."
"Belinda has been amazing, we can't thank her enough. Everytime we need her she has hit the ground running and delivered. We cannot recommend her more."
"We've had a number of experiences with different lawyers over the years and I can say without hesitation that Georgia has by far been the best to work with. She goes the extra mile any chance she gets and we felt completely supported and informed through every step of our dealings with her."
"As new business owners with a young family we wanted clarity on how to best protect our family assets and also wanted to establish our wills. Georgia from the start was full of knowledge, that really felt personalised to our situation. After the first phone call with Georgia, we felt like we were getting answers to our questions and had real solutions to our needs. We feel like we have sorted out some of the most important aspects of our lives, and it allows us to move forward knowing that we are more financially secure as a family and more prepared for things that life might throw at us."
"Jane Zohrab was sincere and informative. She was prompt and so easy to talk to. Thank you!"
"Toni has been wonderful and made each experience with her super easy and straight forward."
"Toni at Base Law was very easy to work with and answered every big or small question we had in mind. Especially with being a first home buyer, she made every step smooth and simple. All round lovely to work with as well."
"Thank you Nicholas for the great service you provided Extreme Plumbing & Gas with a business/legal dispute. From the start I appreciated your very professional approach and great communication. You made the entire process very easy and stress free. It really made a difference how you were always responsive to my calls or emails. I cannot recommend you enough."
"Georgia has been such a pleasure to work with. We had unique requirements and needed flexibility. Georgia gave great advice, helped us with next steps and made what could have been a stressful process a lot easier. We would definitely work with Georgia again in the future."
"Suzie has a natural ability to put clients at ease, build trust and show compassion. She was patient and thorough while reviewing our parents’ affairs, setting up wills and enduring powers of attorney. She explained complicated jargon into understandable language providing sound advice which we acted upon. Suzie treated us as part of her family and we’re very happy to recommend her to anyone needing caring legal services."
"During the process of purchasing my first home, I've been blown away by Suzie's professionalism, approachability and value for money - I'd highly recommend Base Law."
"Rosie, thank you again for the amazing support you have given us through this process. It has been an overwhelming, exciting, scary process but also an amazing learning curve for us - and it has been a much more enjoyable process having you on our team and going the extra mile where you have! You will be highly recommended to anyone we know looking at a trustworthy, friendly, efficient and professional lawyer."
"Suzie, thank you again. You have been awesome and so easy to deal with, understanding my needs, keeping me up to date and acting on behalf during these unusual circumstances."
"Suzie, it has been a god send having you represent the family. Your assistance during the hardest of times during the lockdown period is invaluable. I will definitely employ your services for any legal matters that should arise, and recommend you to everyone that I know."
"Rosie was compassionate and thoughtful. She did not approach the issues with only “lawyer talk”, but as a sensitive human. We had complete confidence we were dealing with someone who really understood what she was doing. Professionally, as an accountant, I have dealt with many solicitors. I can say, based on my experience, that Rosie is a top practitioner."
"Suzie took care of our Family Trust arrangements, along with our respective enduring powers of attorney and wills. We have found her to be very professional, along with being very pleasant to deal with."
"Suzie clearly delivered to myself and others a focused and friendly approach to all the issues presented to her. We had some older family member matters to resolve; Wills, Trust issues, License to Occupy, etc.. Suzie provided exceptional service, concise and sound advice which we accepted and followed through in the execution of the required legal documents. Suzie is professional, focused and pragmatic in providing intelligent legal solutions and recommendations."
"Our family has used Rosie for everything from wills and family trusts to house purchases and sales. I can absolutely recommend her, she is easy to deal with, communicates well, makes things simple and to top it off is a lovely person to work with."
“Rosie helped us with our wills and powers of attorney and she made it such an easy process for us. She gave us a lot of advice and explained different ways we could do it, all along with a friendly professionalism. I cannot recommend her enough and will definitely be using her services in the future.”