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Advance Agreement For Land Purchase
"I need an Advance Agreement for Land Purchase for a commercial development property in Auckland, New Zealand, with specific conditions for resource consent approval and staged payments, to be completed by March 2025."
1. Parties: Identifies and defines all parties to the agreement, including full legal names, addresses, and any registration numbers for companies
2. Background: Provides context for the agreement, including the intention to purchase/sell the property and any relevant pre-existing arrangements
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Property Details: Detailed description of the property including legal description, title references, and any included/excluded fixtures and fittings
5. Purchase Price and Payment Terms: Specifies the total purchase price, deposit amount, payment schedule, and method of payment
6. Conditions Precedent: Lists all conditions that must be satisfied before the agreement becomes unconditional
7. Due Diligence: Outlines the buyer's rights and process for conducting property investigations and reviews
8. Settlement and Completion: Details the process and requirements for completing the transaction
9. Vendor's Warranties: Lists the vendor's representations and warranties about the property and transaction
10. Default and Remedies: Specifies consequences of breach and available remedies
11. General Provisions: Standard contract clauses covering notices, assignment, amendment, governing law, etc.
1. Overseas Investment Approval: Required when the purchaser is an overseas person requiring consent under the Overseas Investment Act
2. Development Conditions: Included when the purchase is contingent on specific development approvals or resource consents
3. Tenant Provisions: Required when the property is sold subject to existing tenancies
4. GST Provisions: Detailed GST treatment when either party is GST-registered or the transaction is subject to GST
5. Subdivision Provisions: Included when the purchase involves land to be subdivided
6. Finance Condition: Details the purchaser's requirements to obtain financing for the purchase
7. Building Report Condition: Specific provisions regarding building inspection requirements and outcomes
8. Sale of Purchaser's Property: Conditions relating to the sale of the purchaser's existing property
1. Property Schedule: Detailed description of the property including title details, easements, and encumbrances
2. Payment Schedule: Detailed breakdown of the payment structure including deposit and settlement payments
3. Due Diligence Checklist: List of investigations and documents to be reviewed during due diligence
4. Chattels Schedule: Itemized list of chattels included or excluded from the sale
5. Warranties Schedule: Comprehensive list of vendor warranties about the property
6. Condition Precedent Timeline: Timeline for satisfying various conditions precedent
7. Property Disclosure Statement: Vendor's disclosures about the property's condition and history
8. Settlement Requirements Checklist: List of documents and actions required for settlement
Authors
Approval Date
Business Day
Completion Date
Conditions Precedent
Deposit
Due Diligence Period
Effective Date
Encumbrances
GST
Improvements
Land
Local Authority
Party
Permitted Encumbrances
Property
Purchase Price
Purchaser
Purchaser's Solicitor
Registration
Resource Consent
Settlement Date
Title
Transfer
Unconditional Date
Vendor
Vendor's Solicitor
Working Day
Chattels
Completion
Default Interest Rate
Disclosure Material
Due Diligence Information
Land Transfer Office
LINZ
Overseas Investment Approval
Relevant Authority
Required Consents
Settlement
Stakeholder
Termination Date
Transaction Documents
Warranties
Property Description
Purchase Price
Payment Terms
Deposit
Due Diligence
Conditions Precedent
Title Review
Property Inspection
Resource Consent
Overseas Investment
GST
Warranties
Representations
Risk and Insurance
Settlement
Completion
Default
Termination
Force Majeure
Assignment
Notices
Confidentiality
Dispute Resolution
Governing Law
Costs
Time of Essence
Further Assurance
Entire Agreement
Severability
Variation
Waiver
Survival
Counterparts
Real Estate
Property Development
Commercial Property
Residential Property
Agriculture (for rural properties)
Banking and Finance
Legal Services
Construction
Urban Planning
Investment
Legal
Real Estate
Property Management
Development
Investment
Risk and Compliance
Finance
Operations
Planning and Strategy
Corporate Services
Property Lawyer
Real Estate Agent
Property Developer
Investment Manager
Commercial Property Manager
Legal Counsel
Conveyancing Manager
Property Acquisition Manager
Development Manager
Risk Manager
Compliance Officer
Real Estate Transaction Coordinator
Property Investment Advisor
Urban Planning Consultant
Finance Manager
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