Get your ducks in a row before you bid

Basis of charging (amounts  are exclusive of GST):

My fee for the advice is $295.00 incl GST and disbursements and is subject to the following:

Limitations: 

The service is limited to providing advice on the Title, LIM and the Particulars of Auction\Sale and Purchase agreement together with associated documents.  I can provide guidance on EQC matters and Building report matters (if provided) but recommend that you take independent advice on these issues as I am not an expert in these fields. 

From a legal perspective, the documents are provided by the Vendor and their Agent in good faith. However, Builders' reports usually provide a disclaimer on their contents and can only be relied on by the Vendor unless you make an arrangement with the Building Inspector concerned to readdress the report to you should you be the successful buyer.

Likewise, a LIM provided to a Vendor cannot be relied upon by a Purchaser as to its contents. Although it would be very unusual for a LIM to be missing relevant information it can happen and the issuing Council does not owe a duty to a third party as to the accuracy of the contents of the LIM.

In terms of both LIMs and Builders reports; the only safe way to ensure you are covered for omissions, accuracy or the like is to commission your own build report and LIM. If you require additional advice on issues raised by the report then we will charge you on a time-spent basis for that advice based on an hourly rate of $350 plus GST per hour.

I also need to satisfy my obligations under the Anti Money Laundering and Countering the Financing of Terrorism legislation. To do that I undertake electronic searches via Real You to verify your identity and I require your permission to do that search. Correctly identifying all clients is a prerequisite before taking instructions from you. 

In order to complete these searches I will need:  

• Your full name(s):
• Current address:
• Date of Birth:
• Driver license number and version number:
•  IRD number: 
• Contact phone number:  

Each search costs $7.00 and is in addition to the above fee. Can you please reply with the above details included? Your reply will be your consent to me undertaking these searches and that you agree to my terms for undertaking the above services on your behalf.

Finally, you can download an information sheet on investing in New Zealand here. If you are not a New Zealand, Australian or Singaporean citizen you should review the attached information sheet carefully and ensure you qualify to purchase land.

Tax and GST:

Please note under no circumstances are we providing any form of advice in  relation to the tax position of your transaction. Tax issues including but not  limited to Goods and Services Tax, Tax on properties (Brightline test),  Resident Withholding Tax or any other Tax related matter (“Tax”) are  expressly excluded from our services. We are not Tax experts and do not  purport to have any specialist knowledge in this regard. 

Accordingly, any Tax obligation is your sole responsibility and obligation,  and we recommend that as to your Tax position you should obtain specialist  independent Accounting and\or Legal Tax advice as it relates to your  circumstances if you are in any doubt whatsoever. Whilst a transaction may  involve the imposition of Tax and we may seek GST or IRD numbers or  related Tax information and/or prepare a tax invoice on your behalf, this is  solely for the purpose of advancing settlement of the transaction and is in  no way a representation as to the suitability or correctness of your Tax  position implied or accepted by Corcoran Law Office Limited. Accordingly,  all liability in relation to your tax matters, payment obligations or associated  liability is expressly excluded and you indemnify and hold Corcoran Law  Office Limited harmless in relation to your tax related matter(s). 

Insurance:

We hold professional indemnity insurance which meets the minimum  standards set by the Law Society, i.e. cover of $1,000,000 per event with  one automatic reinstatement.

Lawyers’ Fidelity Fund  coverage:

The Law Society maintains the Lawyers' Fidelity Fund for the purpose of  providing clients of lawyers with protection against loss arising from theft  by lawyers. The maximum amount to an individual claimant is limited to  $100,000. Except in certain circumstances specified in the Lawyers and  Conveyancers Act 2006, the Fidelity Fund does not cover a client for any loss  relating to money that a lawyer is instructed to invest on behalf of the client.

Limitation of Liability: 

We limit our liability to the maximum sum which is available under our  professional indemnity insurance from time to time. Full details are in our  terms of engagement.

Keeping your records: 

We will retain or dispose of your records in accordance with our terms of engagement. We will provide copies to you in accordance with our  obligations under the Privacy Act 1993 on request. We may charge for the  cost of providing records to you.

Law Society’s client care and  service information:

The Law Society’s client care and service information is set out below. Whatever legal services your lawyer is providing, he or she must: 

The obligations lawyers owe to clients are described in the Rules of Conduct  and Client Care for Lawyers. Those obligations are subject to other  overriding duties, including duties to the courts and to the justice system. 

If you have any questions, please visit www.lawsociety.org.nz or call 0800  261 801.

Lawyers Complaints Service: 

If you have a complaint about the services you have received from our firm  please contact Anthony Corcoran personally. 

If we have been unable to resolve a complaint or concern you may contact: 

The Lawyers Complaints Service Phone:

0800 261 801  

Website: www.lawsociety.org.nz/for-the-community/lawyers-complaints service/concerns-form

Email: complaints@lawsociety.org.nz