A Fresh Perspective on Legal Services

We hope you have questions

• I want to buy a business, what should I know?

  Businesses can be purchased either from the business owner directly or alternatively through a business broker who acts for the business owner.
  
  Buying a business can be a financially rewarding decision, but if you buy the wrong business or for the wrong reasons it can end up costing you significantly. It is important to conduct thorough due diligence when looking to purchase a business.
  
  Normally you would engage a lawyer to look over the legal documents and an accountant to review the financials of the business and verify that all is in order.
  
  ASCO Legal is very familiar and confident with business purchases. It is important that you engage a law firm that is familiar with acting on businesses purchases to review the agreement before you sign it.

• I want to buy my first property, what do I do?

  Buying your first home can be a daunting, stressful time - but really exciting! Our aim at ASCO Legal is to guide you through the process to ensure you receive the advice and support that you need to feel confident. We welcome your enquiries and are happy to assist you, whether you have signed an agreement already, or are in the initial stages of house hunting and want to discuss what to expect.
  
  As your property purchase progresses, we will advise you regarding the Agreement, title, LIM report and other documentation for the property. If you are withdrawing your Kiwisaver fund we can assist with this also. It is important to us that we are there to answer all the questions you have about the documents and the process in general. No question is too big or too small and we welcome your emails and phone calls throughout the process.
  
  Once the agreement is unconditional we will liaise with your bank and prepare everything needed to complete the settlement. We will report to you following settlement with full copies of our trust account statements and a copy of your updated record of title showing you as the new owners.

• I want to sell a property, what do I need to know?

  ​If you are listing your house with a real estate agent, often we are not involved until you have a signed contract in place. However, if you would like us to review your agreement prior to you signing it we are happy to do this and will advise you and answer any questions you have about the property, the documents or the process generally.
  
  We then liaise with the purchasers’ solicitor regarding satisfaction of the conditions. We value good communication and will keep you updated as to developments along the way.
  
  Once the agreement is unconditional we will arrange a discharge of your mortgage and take care of all the requirements needed to ensure a smooth settlement. Once the necessary documents have been prepared we will make a time for you to come in and sign them. We will then complete the settlement on the day and deposit the proceeds into your bank account.
  
  As always at ASCO Legal, we welcome your queries and it is our hope to support and assist you through the process and do all we can to make it a hassle free, positive experience for you.

• I want to start a franchise in New Zealand. How do I go about that?

  Whether you are looking at setting up a franchise from scratch in New Zealand, or you already have a working franchise in another country such as Australia, the U.S.A. or South Africa, there are various things that are unique to franchising in New Zealand that you will need to be aware of.
  
  ASCO Legal has particular experience and skill in franchising. We are a member and have a history of being involved with the Franchise Association of New Zealand, and we also author the New Zealand precedents available to lawyers all over the country via a reputable provider.
  
  BRAND NEW
  
  If you are just starting out we have the tools to get you going. We represent many franchisors and franchisees and are aware of what is important, what is industry standard, and what just isn’t necessary.
  
  Whether you will need the full suite of documents from the Franchise Agreement through to Manager’s Agreement, or you will just need one or two simple documents will depend on the nature of your business, your goals, and the scope of your operation. These can be talked through with you, with your goals and budget at the forefront.
  
  FROM OVERSEAS
  
  Although franchising in New Zealand is largely unregulated, this does not mean that anything will do, or that the existing documents drafted for overseas markets are going to translate particularly well here.
  
  For example, particular attention needs to be paid to potential cartel provisions that need to be complied with and as dictated by New Zealand law. In addition, franchises in New Zealand need to be careful that any restraints of trade provisions will be appropriate and have their best chance of enforcement should that be necessary. Another point to consider is whether you will be wanting to joint the Franchise Association of New Zealand (FANZ). The Association essentially promotes best practice within the franchising arena in New Zealand and members must comply with their requirements in their documentation and running of a franchise. A FANZ membership is considered by some as an endorsement of a standard of a franchise, and as such obtaining one can be considered a worthwhile pursuit for both an overseas franchise, and a brand new one.

• My loved one has died, what do I need to do?

  When a loved one passes away, it can be a very challenging time for families. There will a number of personal and legal matters to attend to. One thing to reflect on during the immediate days following the death of a loved one is that their Will may express their wishes in relation to their funeral and their preference as to cremation or burial. If we hold the Will please let us know and we will advise you about the deceased's wishes.
  
  At ASCO Legal we are very experienced in supporting families through the very difficult initial days and providing guidance on what needs to be done in the weeks and months ahead. Where the deceased person’s estate has minimal assets, we provide the family with advice on steps they need take. For larger estates, we can prepare and submit the Executors’ application for Probate and, where the deceased did not leave a Will, we can apply for Letters of Administration on behalf of the potential beneficiaries.
  
  We have experience in all steps of the estate administration process including dealing with real estate agents and selling estate property, collecting in overseas assets, paying estate debts, complying with Inland Revenue requirements, and the distribution of estate funds. We can also assist in defending any claims that could arise against the estate, managing life interests and creating trusts for minors. As the costs of the estate administration can vary depending on the nature of the estate, we will ensure that from the outset, we will provide you with a clear understanding of the costs and disbursements to be incurred through the process, so that there are no surprises.