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Property

Buying your first home and why it pays to involve your lawyer early

Buying your first home is exciting, but there is a lot to think about. While finding the right property and arranging finance may be front of mind, involving your lawyer early can be just as important. A sale and purchase agreement is a binding contract. Once it is signed, it may be too late to add the conditions or protections you need. Early legal advice can help you understand what you are agreeing to and make informed decisions before you commit.

Published on 14 Sep, 2026

Before you make an offer

Most first-home buyers purchase through a real estate agent acting for the vendor. The agent will often prepare the sale and purchase agreement. Even when a standard form is used, its terms and any additional clauses can have significant consequences if they are not appropriate for your circumstances.

Our Property team can review the proposed agreement, explain its effect and advise on the protections appropriate to you. This is particularly important when buying at auction, where a successful bid will usually create an unconditional agreement.

Understand what you are buying

The house itself is only part of the picture. A property may carry legal or practical issues that are not obvious at an open home or on paper. The type of title and the property documents can also affect how you use, alter or later sell the home.

We can explain what the documents mean for you, identify matters that require closer attention and let you know when advice from another specialist may be appropriate. The earlier you involve a lawyer, the more opportunity you have to make an informed decision before the agreement becomes unconditional.

Plan how the purchase will be funded

It is important to work out early how the deposit and the balance of the purchase price will be paid. A financial adviser or mortgage broker can assist with bank finance, but legal advice also matters when KiwiSaver funds or financial help from family will form part of the purchase.

These arrangements can affect the timing and structure of the transaction and may raise issues beyond the finance itself. We can guide you through the legal process and help ensure that any family contribution is clearly understood and appropriately documented, reducing the risk of uncertainty or costly disputes later.

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Decide how the property will be owned

How the property will be owned is often overlooked. If two or more people are buying together, the ownership arrangement can affect what happens if an owner dies, the property is sold or the owners’ circumstances change.

Depending on your circumstances, a relationship property agreement, property sharing agreement or an updated will may also be relevant. A trust or company may be appropriate for some purchasers. We can discuss these matters with you and help what best suits your circumstances.

How Jackson Russell can help

Our Property team also have expertise in private client matters and is supported by Jackson Russell’s Trusts, Business and Litigation teams. This collaborative approach allows us to consider your purchase in the context of your wider circumstances and involve the right expertise when needed.

If you are thinking about buying your first home or another residential property, talk to us before you make an offer. We can guide you through the process, identify the issues that matter and help put the right protections in place from the beginning.

The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.