Selling Your Home: A Step‑by‑Step Guide
Selling your home can feel like a big undertaking — whether it’s your first time or you’ve been through it before, there are a number of important steps and legal requirements to be aware of. At Goodwill Law, we aim to make the process smooth, stress-free, and legally sound. Here's our step-by-step guide to help you understand what's involved when selling residential property in New Zealand.
1. Choose Your Real Estate Agent (or Go Private)
Most vendors choose to list their property through a licensed real estate agent, who will market the home, arrange viewings, and facilitate the negotiation process. You can also sell privately, but it’s worth noting this requires more hands-on involvement and carries its own risks.
Tip: If using an agent, check their commission structure and confirm what marketing support is included.
2. Get Your Paperwork in Order
Before listing your property, it’s wise to gather all relevant documentation:
A copy of the certificate of title
Any existing LIM reports, building consents, or compliance certificates
A recent rates invoice
Your lawyer can assist with obtaining or reviewing these documents to ensure everything is in order before going to market.
3. Sign the Listing Agreement
If using a real estate agent, you’ll be asked to sign an Agency Agreement. This is a binding contract between you and the agent and should be reviewed carefully before signing.
4. Receive and Review the Sale and Purchase Agreement
Once you have a buyer, they will submit an Agreement for Sale and Purchase. This document will set out:
The proposed purchase price
Any conditions (e.g., finance, building report, LIM)
The proposed settlement date
Any chattels to be included in the sale
Important: This is a legally binding contract. You should not sign the agreement until your solicitor has reviewed it.
5. Solicitor’s Approval (If Conditional)
In many cases, the agreement may be subject to solicitor's approval. This gives your lawyer the opportunity to review all terms and recommend changes before you are legally bound. We strongly recommend including this condition in all agreements.
6. Satisfy Conditions and Go Unconditional
Once all conditions are met (e.g., the buyer confirms finance and is happy with their due diligence), the agreement becomes unconditional. At this point, the buyer is locked in, and the transaction proceeds to settlement.
7. Pre-Settlement Preparations
Your lawyer will:
Prepare a settlement statement confirming how funds will be allocated
Prepare discharge documents if a mortgage is registered over the title
Liaise with the buyer’s lawyer to ensure everything is ready for settlement day
You’ll need to ensure the property is in the same condition as when it was sold, with all agreed chattels remaining and any agreed repairs completed.
8. Settlement Day
On the agreed settlement date, the buyer pays the balance of the purchase price. Your lawyer receives the funds, repays any mortgage, and transfers the net proceeds to you. Legal ownership of the property is transferred to the buyer via Land Information New Zealand (LINZ).
Once settlement is complete, the keys are handed over — usually by the real estate agent.
Get an Instant Fee Estimate
At Goodwill Law, we make it easy to plan ahead. Our automated Online Fee Calculator allows you to obtain a tailored estimate for your sale in just a few clicks — no waiting, no guesswork. You’ll know exactly what to expect before we get started.
Final Thoughts
Selling a home involves more than just agreeing on a price. From legal checks to contract reviews and settlement logistics, having a lawyer who understands your needs is key to a successful and stress-free transaction.
At Goodwill Law, we’re here to help you through each step of the journey with clear, practical advice and responsive support.