Lawyer or conveyancer, disclosure, and proving who you are

Last updated: March 2026. Based on settled.govt.nz — Building your support team when selling and Selling privately. The Real Estate Authority regulates licensed real estate professionals; private sellers are not REA licensees, but you’ll still interact with REA-registered agents if you buy or sell through an agency.

Get legal advice early

Settled.govt.nz recommends engaging a lawyer or conveyancer before you start selling — sales can move quickly. Both can do conveyancing; lawyers are often better for complex issues (trusts, companies, disputes). Agree scope and fees upfront.

Ways to find a professional listed on settled.govt.nz include: recommendations, the New Zealand Law Society, propertylawyers.org.nz, and the New Zealand Society of Conveyancers.

If you use a real estate agent

Anyone doing real estate agency work must be licensed. Check the REA public register. Agents must give you the REA’s agency agreement guide before you sign; settled.govt.nz hosts that guide [PDF]. If you’re not using an agent, those agency rules don’t apply — but your sale and purchase agreement still needs proper legal drafting or review.

Disclosure when you sell privately

Settled.govt.nz is explicit: you should disclose information that may be relevant to buyers, including problems. You don’t have to advertise every flaw to the world — but buyers who are seriously interested may need to know. Examples given include weather-tightness, boundaries, unconsented work, and the impact of proposed developments. Knowingly failing to disclose can put the sale at risk or lead to compensation claims.

Listing with an agent and selling privately

If the property is still listed under an agency agreement and you sell privately, or if an agent introduced a buyer earlier, you may still owe commission depending on the agreement. Read your agency agreement carefully and get legal advice.

Anti-money laundering (AML) — identity verification

Under the AML/CFT Act, lawyers, conveyancers, banks, and real estate agents must verify your identity for certain activities. Settled.govt.nz notes that even when selling privately, your lawyer or bank will confirm who you are — typically using photo ID (passport, firearms licence, etc.) or other combinations described on DIA’s public AML information. Company or trust purchases can take longer to verify.

General information only. Not legal advice. Engage your own lawyer or conveyancer for your situation.