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Settlement Day for Sellers

General information, not legal advice. Selling a property in New Zealand turns on the exact wording of the documents you sign, and this guide describes how the process generally works rather than what your agreement says. Have a property lawyer read any agency agreement and any sale and purchase agreement before you sign it, not after. That review costs far less than either document going wrong. If you have a problem with a licensed agent, the Real Estate Authority runs a free complaints process, and settled.govt.nz is its independent consumer guidance.

📅 From Unconditional to Settled

Once the agreement goes unconditional, the sale is committed and the remaining work is procedural. That does not make it low risk. Almost everything that goes wrong for a seller between unconditional and settlement is avoidable, and most of it comes down to condition, timing and communication with your lawyer.

Key point: Your obligations do not end when the buyer's conditions are satisfied. You must deliver the property in the condition it was in when the agreement was signed, with the listed chattels working, and give vacant possession on the day unless the sale is with a tenancy.

What is happening in the background

  • Your lawyer prepares the transfer and arranges the discharge of your mortgage.
  • The buyer's lawyer prepares their transfer and any new mortgage.
  • Rates and any body corporate levies are apportioned between you and the buyer.
  • The transfer is registered electronically with Land Information New Zealand through Landonline.
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🔎 The Pre-Settlement Inspection

The buyer is entitled to inspect the property before settlement, and you must make it available for that, unless the property is being sold with a tenancy in place. It usually happens in the day or two before settlement.

The purpose is narrow and worth understanding, because misunderstanding it causes friction. The inspection confirms two things: that the property is in the same condition as when the agreement was signed, and that the listed chattels are present and in working order. It is not an opportunity to renegotiate the price, and it is not a second building inspection.

Buyer inspects, usually one to two days before settlement
They check condition against the agreement and test the chattels
Anything missing or broken is raised through the lawyers
Unresolved items are usually settled by a holdback so settlement proceeds
Make the inspection easy: A property that is clean, empty of your possessions and has everything working is inspected in fifteen minutes. One that is half-packed with a broken appliance and no power on invites a closer look and a longer list.

Cost an issue raised at inspection with the pre-settlement inspection defects calculator.

💰 Money on the Day

Settlement is the simultaneous exchange of money and title, coordinated between the two lawyers. As the seller, the sequence looks like this.

The buyer's lawyer sends the settlement funds to your lawyer's trust account
Your mortgage is repaid and the lender's security is discharged
Rates and levies are apportioned so each side pays for its own period
The balance, your net proceeds, is paid to you
Title transfers and the keys are released

Rates apportionment is the line sellers query most. Rates are billed for a period, so at settlement the total is split according to who owned the property on each day of that period. If you have paid the full instalment in advance you are credited for the buyer's share; if you have not, you are debited for yours. Work yours out with the settlement apportionment calculator.

Your net proceeds are not the sale price: Commission, legal fees, the mortgage balance, any break cost and the rates adjustment all come off before the balance reaches you. Knowing that figure in advance is the difference between settlement being a formality and being a shock. The net sale proceeds calculator sets it out.

🔑 Vacant Possession and Keys

Unless the property is sold with a tenancy, you must give vacant possession: the property empty of people and of your belongings, available for the buyer to occupy.

  • Empty means empty. Rubbish, paint tins and the contents of the garden shed are all yours to remove.
  • Leave the property clean and tidy. This is expected even where it is not spelled out.
  • Hand over all keys, remotes, alarm codes and any manuals for the chattels.
  • Do not disconnect power or water before the day; the buyer needs to test things.
  • Take final meter readings and close your accounts effective on the settlement date.
Keys are released on confirmation, not on the hour: You hand keys to your lawyer or the agent, and they are released to the buyer once settlement is confirmed. Handing keys over directly before settlement confirms is a risk your lawyer will tell you not to take, however reasonable the buyer seems.

⚠ When Settlement Is Late

Settlement can be delayed from either side, most often because funds have not arrived in time. It is not automatically a crisis, but it is not free either.

If the buyer settles late, the agreement generally entitles you to interest on the unpaid balance at the rate specified in the agreement, for the period of the delay. If you settle late, the same principle runs against you, and if you cannot give vacant possession on the day the consequences can be more serious than interest.

Tell your lawyer immediately if anything threatens the date
Late settlement usually triggers interest under the agreement
Persistent failure can lead to a settlement notice and, ultimately, cancellation
Most delays are resolved the same day or the next
Do not plan your removal for the settlement morning: Buyers cannot take possession until settlement confirms, and if the funds are delayed you may be standing in the street with a truck. Move out the day before where you can, and keep the removal flexible where you cannot.

Last in this pathway: whether tax applies to your sale, in the bright-line test guide.

🎯 Test Your Knowledge

Quiz on Settlement Day for Sellers in NZ (10 Questions)

1. The pre-settlement inspection exists to check:
The price is fair
Condition and chattels against the agreement
The buyer's finances
The council records
2. A seller must make the property available for inspection unless:
They are busy
It is raining
It is sold with a tenancy in place
The buyer is overseas
3. The pre-settlement inspection is not:
A condition check
A chattels check
An opportunity to renegotiate the price
Usually one to two days before settlement
4. Settlement funds are sent to:
The seller directly
The seller's lawyer's trust account
The agent
The council
5. Rates apportionment at settlement means:
Rates are cancelled
Each side pays for the days it owned the property
The buyer pays everything
The seller pays everything
6. Vacant possession means:
The house is unfurnished
Empty of people and your belongings, ready to occupy
The garden is cleared
The mortgage is repaid
7. Keys should be handed to the buyer:
The night before
When settlement is confirmed
At the inspection
Whenever convenient
8. Title transfer in New Zealand is registered:
At the council
Electronically with LINZ through Landonline
By the agent
At the bank
9. If the buyer settles late, the agreement generally entitles you to:
Nothing
Interest on the unpaid balance
The deposit outright
Cancellation immediately
10. The safest approach to removal day is:
Book the truck for settlement morning
Move out the day before where you can
Wait for the buyer to call
Leave belongings in the garage

Related guides

Official New Zealand sources

The rules described on this page come from these bodies. Each link goes to the page used, and each was checked on 15 August 2026.

This guide explains how the rules work. It is not legal advice about your own sale, and a property lawyer should review any agreement before you sign it.