by Rachael Stevenson | May 12, 2016 | Sale and Purchase, Subdivisions
It is critical to draft society rules and land covenants correctly. In this case we look at how a proposed subdivision of a lot on a residential development, lead to High Court examination of a society’s rules. Example case The High Court was asked to issue a...
by Rachael Stevenson | Jan 12, 2016 | General property Law, Sale and Purchase
If you are purchasing a property you must obtain you own LIM. It’s not new advice, but the Courts have provided another reminder why it is important. The same goes for a PIM if you are developing/building. The recent case of Monticello Holdings Limited v...
by Rachael Stevenson | Jan 8, 2016 | General property Law, Sale and Purchase
The year starts with a reviewed ADLSi/REINZ Ninth Edition 2012 (3) form of agreement for sale and purchase of real estate. The important changes to note are: Tax statement clauses are added to ensure vendors and purchasers comply with rules introduced 1...
by Denise Marsden | Sep 29, 2015 | General property Law, Sale and Purchase
Standard form contracts used in residential property development breach the Fair Trading Act 1986 if they are a consumer contract that contains “unfair terms”. This was part of the changes to consumer law that applies to contracts from 17 March 2015. This might be...
by Debra Dorrington | Sep 29, 2015 | General property Law, Sale and Purchase
Next year lawyers will be required to retain tax on sale proceeds and pay the tax straight to the Inland Revenue Department. They will need to do this when: • an off-shore person (some Kiwis will be caught) • sells residential land • they have acquired since...
by AlexanderDorrington | Sep 29, 2015 | General property Law, Sale and Purchase, Subdivisions
IRD numbers You will have read of the upcoming changes in the law – that affect the sale and purchase of land. These come into effect on 1 October. If the buyer is an individual or a couple buying their main home in their own name and they are not an...