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Selling your house

Selling your house or rental property is a big decision. Find out what’s involved and how to go about it.

Thinking of selling your property

Before selling your property, think about:

  • what your goals are
  • what your property is worth
  • if you’re also buying a property, how will you manage buying and selling together
  • your finances and any home loans you have.

Thinking of selling — settled.govt.nz

Decide whether to use an agent or sell it yourself

You can sell your house yourself or use a real estate agent. If you choose to sell the property without an agent, you need to understand your legal responsibilities and obligations.

Find out how each of these work:

Before putting your property on the market

Prepare your property for sale

Settled.govt.nz has tips for what upgrades or maintenance work could help sell your property.

Preparing your property for sale — settled.govt.nz

If your property is rented

When selling a rental property, you must:

  • let the tenants know you’re selling in writing
  • get the tenants’ permission to take photos or show people the property.

If you want the property vacant for selling, you’ll need to give the current tenants notice to end the tenancy. How much notice you need to give depends on the type of tenancy and when it began.

Find more information about what to do as a landlord selling a property on the Tenancy Services’ website.

Selling a rental property — Tenancy Services

Get a property lawyer or conveyancer

Find a property lawyer or conveyancer before you start selling your property. Conveyancers are not lawyers but are qualified to handle property transfers.

They can give you advice before you sign any agreements with real estate agents.

Building your support team: Get legal support — settled.govt.nz

Get a real estate agent

If you decide to use a real estate agent:

  • make sure they’re licensed
  • ask around for recommendations
  • check what experience they have selling a property like yours
  • get a few agents to view the property and tell you what they can sell it for.

Find a licensed real estate agent — Real Estate Authority (REA)

What to expect from your agent

Real estate agents have to follow a code of conduct, which sets out how they must behave and act.

If you have any problems with an agent, contact the Real Estate Authority (REA). They’re an independent government body that regulates the real estate industry.

Make a complaint about an agent — Real Estate Authority (REA)

Decide which method to use to sell your property

There are different methods you can use to sell your property, for example, auction, deadline sale or tender. If you use a real estate agent, they’ll talk to you about the methods.

Find out about the different methods and how they work.

Understanding the methods of sale — settled.govt.nz

Selling your property

What you have to tell buyers

By law, you and your real estate agent (if you have one) must share all relevant information about the property to buyers. Relevant information could include:

  • weather-tightness issues, for example, leaky homes
  • boundary issues
  • unconsented work — council permission or sign-off has not been given
  • the impact of proposed developments
  • natural hazard damage.

If you know about an issue and do not tell the buyer, you may be in breach of your agreement. This means the sale may not go ahead, or the buyer could take you to court.

Selling a property after a natural disaster

Understand what you need to do when selling your damaged property after a natural disaster.

Selling property after a natural disaster — settled.govt.nz

Receiving and making counter offers

Depending on which method of sale you choose, you may receive one or more offers for your property. You can accept, reject or make a counter offer.

Receiving and making counter offers — settled.govt.nz

Once you have accepted an offer

Sale and purchase agreement

Once you’ve accepted an offer, you’ll need a sale and purchase agreement.

The sale and purchase agreement sets out what you’ve agreed with the buyer about the house sale, for example the price, chattels to be included and settlement date.

Understanding the sale and purchase agreement when selling — settled.govt.nz

Settlement

Settlement day is the day the buyer pays the remaining money owed and gets the keys to property.

You need to have moved out of the property before this date.

Settling and moving out — settled.govt.nz

You may need to pay tax on the property sale

Depending on your situation, you may need to pay tax on the property sale.

What you need to know when you buy and sell residential property — Inland Revenue

If you’re GST registered and the property sale is part of your taxable activity, you need to account for the GST.

GST when you buy or sell property — Inland Revenue

Property tax decision tool

You can also use Inland Revenue’s property tax decision tool online. Use it to help you work out if the residential property is taxable under any property rules.

Buying and selling property: Property decision tool — Inland Revenue

Depreciation on rental property

If you’ve claimed depreciation on your rental property in the past, you’ll need to take it into account when you sell your property and include it in your income tax return.

Depreciation recovered on sale of a building — Inland Revenue

Who to contact for more help

If you need more help or have questions about the information or services on this page, contact one of the following agencies.

Utility links and page information

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