Frequently Asked Questions
Q: Do I have to pay the upfront payment if I don’t have a signed Agreement for Sale and Purchase yet?
A: A deposit is required when accepting our quote and engaging our services. We process transactions in chronological order, so the upfront payment secures your place in the queue.
Q: Are disbursements included in this quote?
A: Our quoting tool factors in disbursements. The quote you accept is the cost of our services.
Q: What happens if my Sale/Purchase Agreement does not proceed but we have already engaged your services?
A: We understand that agreements do not always proceed. We are here to help. As soon as you accept a LegalPath quote, costs are incurred. Please note that as soon as you engage Halliwells, costs are incurred. Your initial deposit covers Halliwells time and involvement and third party costs incurred in the onboarding completing AML and initial stages of your transaction. Should you wish to continue with our services, we will work with you to negotiate a new quote based on the new Agreement entered into.
Q: What if I have made an error in my quote and already accepted it?
A: Halliwells will check your quote based on the information provided against the work required. If we believe something in the quote has been missed or is incorrect, we will discuss this with you and seek your authorisation to amend your quote.
Q: Who can I record as acting Solicitor on my Agreement for Sale and Purchase?
A: We recommend you record “Halliwells” as acting Firm with support@halliwells.co.nz the contact email. Remember, we cannot commence work without an accepted quote, a deposit and without completion of CDD*. We process transactions in chronological order, so please remember to allow time for each stage of your transaction.
Q: Can I have a quote over the phone?
A: Our quoting tool is an online service.
Q: Can I transfer my property to my trust or my company through LegalPath?
A: Simply complete a Selling and Buying quote and indicate in your quote that this is the intention and we will provide you with an estimate for the additional charges involved. You will also need to have an independent valuation completed for the property.
Q: Do we need to come into your office to sign any forms?
A: We like to keep it simple. So long as you have access to a printer and scanner, most interaction is by email, skype/zoom or telephone.
Q: I need an Agreement for Sale and Purchase drawn up ASAP can this be done?
A: Yes. As long as you have completed your CDD* obligations to us, we can produce this within two working days.
Q: I’m having trouble uploading my documents with my quote – can I send them another way?
A: You can email your scanned documents to support@halliwells.co.nz Please clearly include your full name in the subject field.
Q: Do you do work for people outside of your province?
A: Yes. We assist people from near and far. Our work is undertaken by email, skype/zoom and telephone.
Q: What if I have additional work required for my transaction that isn’t one of the questions in my quote?
A: The last question of our quoting tool allows you to include any additional information that is relevant to your transaction. We will see this when you accept your quote and will contact you to discuss the work involved and any additional costs. We will then provide you with a new quote. At this point, should you not wish to proceed we can offer you a refund of your initial deposit less the administration cost of $9.95.
Q: My property transaction is subject to a subdivision yet to be completed, is this included in my quote?
A: Our quoting tool is for basic buying and selling transactions only. We can however, assist you with a subdivision, this will be based on a hourly charge out rate. Please call to discuss should you wish to proceed. These transactions can be complicated, complex and have time implications.
Q: I’m buying or selling a house and land package – is this covered in my quote?
A: Our quoting tool is for basic buying and selling transactions only. We can however, assist you with a house and land package, this will be based on a hourly charge out rate. Please call to discuss should you wish to proceed. These transactions can be complicated, complex and have time implications.
Q: I am separating from my partner and we have agreed that the house will be transferred into my name. Can LegalPath attend to this?
A: Even if you have reached an Agreement, it is important that each party receives their own independent advice. You could complete a “buying” quote if the house is to be transferred to you and it would be treated like a purchase, however, your partner would need to engage their own Solicitor to complete the transfer of their share so each side of the transaction is completed separate. Please include this information in your quote.
Q: My house is owned by a trust – are there any additional fees for this?
A: Yes – simply indicate in your quote that your property is owned by a trust or you are purchasing in the name of a trust and we will provide you with an estimate for the additional charges involved. Please keep in mind that we will need to complete CDD* on all Trustees and will require a copy of the Trust Deed before we can provide you with an estimate for the additional charges.
Q: My house is owned by a company – are there any additional fees for this?
A: Yes – simply indicate in your quote that your property is owned by a company or you are purchasing in the name of a company and we will provide you with an estimate for the additional charges involved. Please keep in mind that we will need to complete CDD* on all company Directors and Shareholders.
Q: Why am I being charged for a Sale and Purchase Agreement when I selected “no” to this question?
A: When completing your quote you will notice a pop up indicating that there are charges involved even if you don’t need us to prepare an Agreement. The way we structure our pricing is based on time that we spend on each component of a transaction. For an example, even though you have selected you do not require an Agreement we will still be receiving an Agreement from your agent, reviewing it either before you sign and/or once you have signed and we will complete check all the appropriate searches and property information required at this stage. The end result is you still get a compatible price but the fee is separated out for each part of the transaction.
Q: I selected “No” to requiring a Discharge of Mortgage or Mortgage to complete my sale or my purchase but my quote includes a fee?
A: When completing your quote you will notice a pop up indicating that there are charges involved even if you don’t require a discharge of mortgage or new mortgage. The way we structure our pricing is based on time that we spend on each component of a transaction. At this stage of your transaction we are still required to prepare the necessary documentation and complete the necessary work to transfer your property whether there is a mortgage or not and the fee associated to this part of the transaction just indicates how much time will be spent at this stage. The end result is you still get a compatible price.
Q: I’m receiving a gift from my parents to complete my purchase - is this ok?
A: When completing your quote it’s important you indicate this as “additional information we should know”. The reason for this is because AML aspects need to be discussed as possible additional work and we also will need to discuss with you the documentation required to record the gift which again, could involve additional work that will need to be quoted. For further information on AML we refer you to our AML/CFT page where you will see we require photo id, proof of address and source of wealth for all parties involved in a transaction, which also includes someone contributing a gift, or even a personal loan.
* CDD: Customer Due Diligence refers to AML/CFT