Advance Agreement For Land Purchase Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Advance Agreement For Land Purchase is a crucial document in New Zealand property transactions where parties wish to establish binding terms for a future property purchase while allowing time for various conditions to be met. This type of agreement is particularly useful in complex property transactions where extensive due diligence is required, or where there are specific conditions that need to be satisfied before proceeding to a full sale and purchase agreement. It provides protection for both parties by clearly defining their obligations, timelines, and conditions while operating within the framework of New Zealand property law. The agreement typically includes comprehensive details about the property, purchase price, payment terms, conditions precedent, due diligence requirements, and completion procedures. It's commonly used in commercial property transactions, development projects, or situations where staged settlements are necessary.
Suggested Sections

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.

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Agriculture (for rural properties)

Banking and Finance

Legal Services

Construction

Urban Planning

Investment

Relevant Teams

Legal

Real Estate

Property Management

Development

Investment

Risk and Compliance

Finance

Operations

Planning and Strategy

Corporate Services

Relevant Roles

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

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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