The New Zealand property market has undergone a significant transformation in recent times. Low interest rates, natural disasters, changes to insurance coverage, overseas investment, The Unit Titles Act and a boom in prices means you need up-to-date expert advice before completing any property transaction.
Our property experts and conveyancing team have the experience, expertise and capacity to handle any transaction, regardless of size and complexity.
Click on the tabs below for more information.
New Zealanders like to own their own homes and for most of us it is our biggest investment.
Breaden McCardle Lawyers is a member of the Property Law Section of the New Zealand Law Society. This ensures our experts stay up-to-date in the ever-changing real estate environment.
Whether you are buying or selling a property it is essential for you to understand and stay in control of the process.
Breaden McCardle Lawyers will work to protect your interests and ensure the smoothest, simplest and most efficient transaction. Our experts:
- Give you independent advice.
- Act to protect your interests.
- Understand the process well.
- Have experience in negotiating for buyers and sellers.
- Know the potential pitfalls and traps.
Breaden McCardle Lawyers can assist you with all aspects of your sale or purchase:
- Should you buy the property in your personal capacity or through a Company or Trust?
- What does buying the property as tenants in common mean?
- Can you afford the property and which finance offer is the best?
- Have all Council requirements been met?
- Are there problems with the title?
- Do I need a Land Information Memorandum (LIM)?
- What is a Body Corporate?
- Are the terms of sale legal?
- How can I get best value from my Real Estate Agent?
Breaden McCardle Lawyers has extensive experience in assisting clients to buy and sell commercial properties. We recommend that clients obtain legal advice early in the process – because this will highlight any issues before they become problems and it will actually reduce costs.
Breaden McCardle Lawyers will work with you to ensure that the transaction proceeds smoothly and you obtain the appropriate protections when buying or selling commercial property.
- Give you advice on all aspects of the sale and purchase process.
- Protect your interests at all times.
- Have experience negotiating on behalf of clients.
- Can draft further terms and special conditions to be included in the sale and purchase agreement.
- Are able to advise on how best to structure a transaction.
- Will assist with all aspects of due diligence.
- Can put you in contact with other professionals for specialist assistance.
- Have experience liaising with lenders and other advisors.
- Will liaise with tenants and the Body Corporate.
- Can manage the sale process for you.
Breaden McCardle Lawyers provides advice to Landlords and Tenants regarding commercial leases. We assist in negotiating and drafting deeds of lease as well as dealing with renewals and assignments of leases.
- Have experience negotiating on behalf of both Landlords and Tenants.
- Are able to assist with amending the standard terms of lease.
- Can draft further terms to be included in leases.
- Have extensive rent review experience and knowledge.
- Can assist Landlords and Tenants reach agreement when problems arise.
- Ensure that you are aware of possible future liability.
- Can provide a complete commercial property management service for you, including arranging maintenance and dealing with tenants.
Breaden McCardle has a proven track record managing large Commercial Property portfolios for clients through their Commercial Property Manager.
Directors and owners are no longer able to manage properties passively and avoid responsibility. Similarly, the commercial rental market has evolved with tenants now being increasingly market savvy. More than ever they are prepared to vacate and move if their expectations are not met.
To retain a good tenant, landlords need to understand their tenant’s needs. They need to be responsive to issues and queries, to maintain the buildings in a good state of repair, and to have regular liaison with the tenant to pre-empt any possible issues.
An all-encompassing proactive approach to Commercial Property Management protects owners and directors from statutory risk, increases tenant retention, and protects the investment through regular monitoring of repairs and maintenance.
Our management services include:
- Compliance with all Statutory Requirements.
- Tenant Liaison and Management.
- Negotiation and Management of Leases.
- Rent Review Management and Negotiation.
- Overseeing and Management of Insurance.
- Maintenance and Tenant Compliance Inspections.
- 24 hours, seven day a week availability.
Breaden McCardle Lawyers has extensive experience in completing subdivisions and advising developers on property matters. This includes drafting easements and land covenants as well as registering changes to titles.
We also advise on a number of other property issues that arise for developers. These include the Resource Management Act, boundary adjustments and disputes with neighbouring land owners.
You should consult with us so that we can assist you with:
- Reaching agreement with your neighbours before work begins.
- Liaising with your lender to ensure delays are avoided.
- Creating a dedicated entity to undertake the subdivision.
- Any legal issues that may arise from the subdivision.
- Liaising with your surveyor.
Property transactions can be complex and involve a multitude of legal issues. Disputes can arise over:
- Lease disagreements.
- Leaky Building issues.
- Landlord/tenant disputes.
- Caveat disputes and land usage issues.
- Resource management issues.
- Cancellation disputes.
- Boundary disputes.
- Right of Way disputes.
- Rent Recovery.
Property disputes can be expensive, time consuming and extremely disruptive. Breaden McCardle can work with you to identify potential disputes before they occur and once identified resolve matters quickly, pro-actively and in the most cost-effective manner.
Breaden McCardle has extensive experience giving advice to residents and potential purchasers of Retirement Village units and apartments.
Purchasing in a Retirement Village is different to purchasing a house and every Village varies in their standard of accommodation, legal and financial positions and management. The Retirement Villages Act 2003 provides residents and potential residents certain rights and our experts can assist with matters such as:
- What do I pay?
- Will I get my money back when I leave?
- Are there ongoing fees?
- Are there any extra costs?
- Can I make additions or alterations to my unit?
- What is an Occupation Right Agreement?
Deciding to buy into a Retirement Village is an important decision that could have ongoing legal and financial implications.
Breaden McCardle can assist you and your family with all aspects and will work with you to make any move to a Retirement Village smooth and simple and ensure you understand your rights and obligations.