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Deed Of Sale With Right To Repurchase
"I need a Deed of Sale with Right to Repurchase for a commercial property in Auckland, where I'm selling to a developer but want the right to repurchase by March 2025 if their development doesn't proceed, with the repurchase price to be the original sale price plus 5% per annum."
1. Parties: Identifies and defines all parties to the deed, including the Vendor (original owner), Purchaser, and any guarantors
2. Background: Outlines the context of the transaction, including property ownership status and intention to sell with repurchase rights
3. Definitions and Interpretation: Defines key terms used throughout the deed and sets out interpretation rules
4. Sale and Purchase: Details the primary sale transaction, including purchase price, deposit, and settlement arrangements
5. Property Transfer: Specifies the requirements and process for transferring the property title
6. Right to Repurchase: Details the terms of the repurchase right, including trigger conditions, timeframe, and repurchase price
7. Exercise of Repurchase Right: Outlines the process and requirements for exercising the repurchase right
8. Settlement Obligations: Lists obligations of both parties at settlement, including documentation and payments
9. Title and Property Matters: Addresses title requirements, encumbrances, and property condition
10. Warranties and Representations: Sets out warranties given by both parties regarding the property and their capacity
11. Default and Remedies: Specifies consequences of default and available remedies
12. General Provisions: Contains standard clauses including notices, costs, governing law, and dispute resolution
1. GST Provisions: Required if either party is GST-registered or if the transaction is subject to GST
2. Tenant Provisions: Required if the property is subject to existing tenancies
3. Guarantees: Required if any party's obligations are being guaranteed by a third party
4. Mortgagee Consent: Required if the property is subject to an existing mortgage
5. Land Covenants: Required if the property is subject to specific land covenants or restrictions
6. Body Corporate: Required if the property is part of a unit title development
7. Development Conditions: Required if the property is subject to ongoing development or subdivision
1. Schedule 1 - Property Details: Detailed description of the property including title references, legal description, and included chattels
2. Schedule 2 - Purchase Price and Payment Terms: Breakdown of purchase price, deposit, and payment schedule
3. Schedule 3 - Repurchase Terms: Detailed terms of the repurchase right including price calculation method and timeframes
4. Schedule 4 - Warranties: Comprehensive list of warranties given by both parties
5. Schedule 5 - Encumbrances: List of registered and unregistered encumbrances affecting the property
6. Appendix A - Property Plans: Current title plan and any relevant property plans or drawings
7. Appendix B - Condition Report: Current condition report of the property if required
Authors
Business Day
Completion Date
Deposit
Encumbrances
Exercise Notice
Exercise Period
GST
Guarantor
Land
Property
Improvements
Land Transfer Office
LINZ
Notice
Permitted Encumbrances
Purchase Price
Purchaser
Repurchase Date
Repurchase Notice Period
Repurchase Price
Repurchase Right
Settlement
Settlement Date
Title
Transfer
Trigger Event
Vendor
Vendor's Solicitor
Purchaser's Solicitor
Working Day
Chattels
Outgoings
Rates
Default Interest Rate
Due Date
Financing Statement
GST Amount
Land Value
Market Value
Payment Date
Registration
Security Interest
Settlement Statement
Termination Date
Title Documents
Sale and Purchase
Purchase Price
Deposit
Title and Property Matters
Warranties
Settlement
Property Transfer
Right to Repurchase
Exercise of Repurchase Right
Repurchase Price
Property Condition
GST
Risk and Insurance
Default
Remedies
Notices
Assignment
Time of Essence
Costs
Further Assurance
Entire Agreement
Severability
Governing Law
Dispute Resolution
Confidentiality
Force Majeure
Registration
Encumbrances
Due Diligence
Property Access
Maintenance Obligations
Insurance
Title Registration
Land Transfer
Property Inspections
Settlement Obligations
Default Interest
Caveat
Mortgagee Consent
Body Corporate Provisions
Tenant Provisions
Guarantee
Indemnity
Real Estate
Property Development
Commercial Property
Residential Property
Property Investment
Agriculture
Retail
Industrial
Construction
Legal Services
Legal
Real Estate
Property Management
Commercial
Finance
Compliance
Risk Management
Operations
Investment
Development
Property Lawyer
Real Estate Agent
Property Developer
Commercial Property Manager
Legal Counsel
Conveyancing Lawyer
Property Investment Manager
Asset Manager
Finance Manager
Contract Manager
Property Portfolio Manager
Development Manager
Real Estate Investment Manager
Compliance Officer
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