
You've found the property. Now what?
Making an offer in New Zealand is a formal legal process — not just a handshake or a phone call. Getting it right protects you financially and legally. Getting it wrong can be costly.
Here's how it works.
To make an offer on a house in New Zealand, you sign a Sale and Purchase Agreement with your proposed price, conditions, and settlement date. Hayden Roulston
A sale and purchase agreement is a legally binding contract between you and the seller. It sets out all the details, terms and conditions of the sale — this includes things such as the price, any chattels being sold with the property, whether the buyer needs to sell another property first, and the settlement date. Settled
The standard form used across New Zealand is produced jointly by the Auckland District Law Society (ADLS) and the Real Estate Institute of New Zealand (REINZ). The current version is the 11th Edition, updated in 2024 with plain-language rewording, clearer condition sunset clauses, and explicit recognition of electronic signatures. Hayden Roulston
Critical rule: Before signing any Sale and Purchase Agreement, you must engage a solicitor to get independent legal advice. Once signed and accepted, the agreement is very hard to alter, so it's crucial to get it right from the start. Thefirsthomebuyersclub
This is the most important distinction to understand.
Conditional offer — your offer is subject to one or more conditions that must be satisfied within a specified timeframe. Common conditions include:
If one of your conditions is not satisfied within the specified timeframe, you can cancel the agreement and get your deposit back. You must act in good faith — you can't use a condition as an excuse to back out for unrelated reasons. Hayden Roulston
Unconditional offer — no conditions. If your offer is accepted, the sale is final. Before making an unconditional offer, make sure you have found out everything you need to know about a property and have no unanswered questions. Consumer Protection
In practice, unconditional offers are used at auction (required) and sometimes in competitive deadline sale situations to beat other buyers. Never go unconditional without completing your due diligence first.
Your sale and purchase agreement will include:
Price by negotiation / advertised price:You submit a written offer via the agent. The seller can accept the offer, reject it, or make a counter offer. You can negotiate on price and conditions until you reach agreement or one party walks away. Settled
Deadline sale:All offers must be submitted by the deadline date. The seller can accept offers at any time — they don't need to wait for the deadline. Let the agent know straight away if you're interested, as the property may sell before the deadline. Settled Conditional offers are allowed.
Auction:All bids are unconditional — do all your checks and reports before auction day. If you win, you pay the deposit on auction day. Consumer Protection You will see what others bid but won't know the reserve price.
Do your research first. Know what comparable properties have sold for in the suburb. Your agent should provide this, but you can also check recent sales on OneRoof, homes.co.nz, or ask your solicitor to pull LINZ records.
Don't lowball unnecessarily. In Christchurch's current market, an insulting offer can damage the relationship with the vendor and agent before negotiations even begin. Start at a reasonable position with room to move.
Consider more than price. A shorter settlement date, a larger deposit, or fewer conditions can make a lower offer more attractive than a higher conditional one. Know what the vendor wants — your agent should find out.
Don't waive conditions to win. Always include finance, building report, and LIM conditions. Allow sufficient time for all conditions — don't create tight timeframes. Thefirsthomebuyersclub Waiving conditions to look competitive is how buyers end up with expensive problems.
If another buyer submits an offer while yours is being considered, the agent will typically initiate a multi-offer process. In a multi-offer process, all potential buyers should submit their best offer. The seller doesn't need to accept the highest offer and can negotiate with anyone who submits. Settled
When you're told it's multi-offer, submit your genuine best offer — not a figure you plan to improve later. You may only get one shot.
In Selwyn and Christchurch's mid-market, deadline sales dominate. This means you typically have a few weeks to do your due diligence before the deadline — use that time well. Commission your building report early in the campaign, order your LIM promptly, and get your finance confirmed so you can move quickly if needed.
For properties in older suburbs — Papanui, Riccarton, St Martins — always include a building report condition. The post-earthquake repair history of properties in these areas makes it non-negotiable.
Before you sign:
This article is for general information only and does not constitute legal advice. A Sale and Purchase Agreement is a legally binding document — always have yours reviewed by a qualified New Zealand property lawyer before signing. Settled.govt.nz is an excellent free resource for buyers at every stage of the process.