We cover a range of legal matters primarily in property and commercial. We also assist our clients with trust formation and advice, business and commercial transactions and asset protection.
Property law has many facets that go beyond the conveyance of a property from one owner to another. We assist our clients in many areas as outlined below:
Buying & Selling Residential Property:
Since September 2010 buying and selling property in Canterbury become much more complex. We have helped our clients through their Red Zone sales, reviewed insurance settlements and on-purchases. Post Quake conveyancing now requires checks and balances through enquiry and building reports to ensure earthquake damage repairs are complete. If you are purchasing, we pride ourselves on completing a comprehensive LIM & Title review to ensure the legal aspects of the property are checked. We have made the process easier for our first home buyer clients who are using their Kiwisaver contributions or applying to Housing New Zealand for a first home grant by providing links to their websites.
Ask for our pamphlet on Buying and Selling residential property for further information on the process.
These can be like a puzzle with many layers to unravel and consider. We have streamlined our systems to ensure timelines are maintained. We have proudly completed local residential subdivisions, conversion of cross lease to fee simple and boundary adjustments. Consultation is the key and contact with us from the outset is recommended.
Compliance with the Unit Titles Act 2010 is the key to ensure performance of obligations are met. Pre-contract disclosure must be attended to and we recommend this is checked with the body corporate secretary prior to providing to your purchasers or agent. Pre-settlement disclosure should be prepared and signed by the Body Corporate secretary to ensure all information is correct. We look forward to guiding you through the process.
Buying and selling commercial property, like a business, involves your accountant to be one of the team to ensure GST and all other matters have been considered.
Buying and Selling Businesses
Buying or selling a business can be like a game of monopoly as it requires key players to work together to reach the finish line. Our team is conscious of working alongside your Lender, your accountant and ultimately you to ensure your transaction runs smoothly. We prefer to have an input into the Terms of the contract before you sign to ensure all aspects are considered and contracted for.
For some it can be a daunting task to meet deadlines for key tasks however, rest assured we are here to make the transaction as effortless as possible.
Leases are such a pivotal part of your business so it pays to get it right. Changes to the Deed of Lease to meet post earthquake issues has meant keeping abreast of many aspects of the form of the Lease.
The team at Law4You are aware of these issues so before you sign an Agreement to Lease or the Deed of Lease, talk to us to get the right advice.
Terms of Trade
We understand how TOT can be an integral part of your business. They not only need to have how you are providing your services to your clients but also need to be able to deliver when things go a bit ‘pear shaped’.
Any business relationship is like a marriage and requires good faith on both parties to work together for an ultimate goal. Shareholder agreements are the substance behind the marriage that sets out the terms on which the parties will operate and work together and separate if the need arises. Agreements should be entered into at the outset and not left to chance.
We have provided advice on many forms of agreements and equally have assisted our builder clients with their agreements. In today’s environment a residential Building Agreement is consumer focused and must meet statutory criteria. It pays to ensure your agreement meets the requirements. Even a house/build package is now faced with disclosing the requisite information in order to comply.
Many people like the idea of a family trust. Our advice to those considering setting up a Trust is twofold: Firstly, we like our clients to know and understand why it is they want a Trust in other words what are the reasons for wanting a Trust. Secondly, we like our clients to understand the workings of a Trust. Unfortunately so many people have trusts but don’t understand how they work and get frustrated with them as they seem too hard to manage.
Before we set up a Trust for you, our initial discussion will be around those two issues. Once we understand your concerns then we can advise you on your options and what will suit your requirements.
No two trust deeds are the same. If you have a Trust it is always a good idea to pull out the Deed, read through it and make sure it does what you want it to do. It is also a good idea to ensure all your ancillary documents eg: your will and memorandum of wishes are up to date.
If you are unsure you may like to consider a legal checkup on your Trust.
Wills are incredibly important but mostly overlooked. The small cost invested in a will could save your estate a lot of money. It also gives you more control of who will be acting on your behalf and who the beneficiaries are.
Trustee/Executors: The people you appoint to deal with your assets according to your will when you have gone
Beneficiaries: The people who receive your assets
Wills can be relatively simple or can be complex depending on your circumstances.
See our Will form to provide instructions to us
When do you need an enduring power of attorney? The answer is anytime. You never know when you might need it. There are two types of attorney ships. One for Personal Care and Welfare whereby you need to appoint 1 attorney and can have someone to act as backup (an alternate attorney).
For Property you can have 1 or 2 attorneys and they can act either jointly or severally. This needs further discussion with us.
In either case you can require your attorneys to provide information and/or consult with others.
Retirement Village living can be a great alternative for older folk you want to retain independence but be part of a close knit safe environment of the Village. It is a very different style of living to that of holding your own fee simple property. There are rules to abide to and the investment is restricted.
It is essential we look over your agreement and we have assisted clients with Ryman and Bupa Retirement Village agreements.
Applying for your first home and trying to meet the criteria can be a daunting task. HNZ allows a first home subsidy grant of either $3, $4 or $5,000 depending on the length of time you have been with a Kiwisaver fund provider. This amount is in addition to your entitlement to your Kiwisaver fund provider withdrawal.
You need to apply for this as soon as possible so that we can receive the agreement in order to advise you and provide to HNZ. There are very strict timelines to comply with so the sooner you send your application away the better.
For our first home buyers cashing in on their Kiwisaver contributions can be a labyrinth of paperwork. We are here to try and make the process simpler. It begins with you completing your application, see our links for main fund providers. Upon completion you will need to have your application declared before us and then forward the paperwork to your fund provider. No Kiwisaver withdrawal is guaranteed and your provider will not assess your application until we confirm the agreement is unconditional. We try to ensure, prior to confirmation, that provided your Fund Provider receives our paperwork confirming the agreement of purchase that you will receive your withdrawal.
Contracting Out Agreements
Securing your assets in future relationships is a necessary evil in our modern world and has become commonplace. It requires a ‘full and frank’ discussion of your assets, their value and your intention so that we can advise you on your options and draft an agreement.
Relationship Property Settlements
Couples split – ‘tis the reality of life’. We try and make the process manageable and as stress-free as possible. We work with you to consider your options, calculate entitlements and focus on a settlement so that the parties can go their separate ways.