The Reserve Bank has now removed the general restrictions previously imposed on banks that impacted on the banks’ ability to lend especially to those in the first home buyer market.
The Trust Act 2019 comes into effect on 30 January 2021. This involves reasonably significant changes that will generally apply to all trusts.
The COVID-19 lockdown is a unique situation for New Zealand and the rest of the world. Property settlements are just one of the areas that have already been affected. Many clients are now in a position of having an unconditional contract during this period but have yet to settle on the purchase and/or move into the property.
In times of uncertainty it is important to have your personal affairs in order. From a legal standpoint this includes having a will, considering powers of attorney, property matters and how your estate or trusts are administered.
The Earthquake Commission ("EQC") is coming to the end of its Canterbury Home Repair Programme ("CHRP"). It is now looking to recover the excess payable for work managed by Fletcher EQR. From April, EQC will begin posting invoices for excess(es) on completed CHRP repairs as part of the final steps of EQC's programme. Under the Earthquake Commission Act, EQC pay for the repair or replacement of the damage, less applicable excesses for building, land and contents claims. An excess is the amount a homeowner is required to contribute towards the claims for a natural disaster event; sometimes more than one excess applies, for example where the damage has been caused by two or more different earthquakes.
Thinking of building or renovating? The Building Amendment Act 2013 now prescribes what information must be contained in a building contract, what information must be disclosed to a consumer and other new consumer protection measures. Make sure you are aware of these changes before signing on the dotted line. In the wake of the leaky house crisis and the increase in building activity in major centres such as Christchurch and Auckland, the residential building sector has come under the spotlight. In response to this, Parliament reviewed the Building Act 2004 (the Act).
The Reserve Bank LVR (loan to value ratio) rules were introduced in late 2013 and imposed a "speed limit" on banks' lending to those borrowers with less than equity of 20% of the purchase price of the house they were looking to purchase. Only a small percentage of loans where the borrower has less than 20% equity are now able to be issued by each bank.
For most people a house is one of the biggest and most important assets they will buy. It makes sense that protecting that asset should be just as important. Unfortunately, house insurance is changing and gone are the good old days of full replacement policies.
Building your dream home should not be a nightmare. With the right advice and information building a house can be a smoother process.
Moving out and moving on? There are many things to think about when selling a property and the recent earthquakes in Canterbury have created extra points to note.
The recent High Court decision of Johnson v Auckland Council highlights the fundamental legal principle of caveat emptor - buyer beware!
The new edition of the Auckland District Law Society Agreement for Sale and Purchase of Real Estate (ADLS Agreement) has been released. The ADLS Agreement is the most widely used sale and purchase agreement in New Zealand. The new edition aims takes into account changes in technology, legislation case law and conveyancing practice.
The Unit Titles Act 2010 (the "New Act") came in to force on 20 June 2011. This new Act replaces the outdated Unit Titles Act 1972 and brings with it some significant changes.
What are your rights if you wish to buy or sell something by tender? Annabel Sheppard, a partner of the Christchurch Lawlink firm of Wynn Williams, points out that the tendering process can be very useful as long as it is handled correctly. An example may be found in the decision of the Court of Appeal in Transit New Zealand Limited v Pratt Contractors Limited, which related to the Vinegar Hill project on State Highway 1 where the court made its views very clear.
How can business borrowing affect your family trust? Annabel Sheppard, partner, and Charlene Sell, solicitor, from Wynn Williams, discuss the risks of taking out a business loan secured by trust assets.