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Home Buy Sell Agreement
"I need a Home Buy Sell Agreement for a unit title apartment property in Auckland, with existing tenants who have a fixed-term lease until March 2025, and the sale needs to include specific provisions for body corporate rules compliance."
1. Parties: Identification of the vendor (seller) and purchaser (buyer) with full legal names and addresses
2. Background: Context of the agreement and brief description of the transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including legal description, certificate of title details, and street address
5. Purchase Price: The agreed purchase price and payment terms, including deposit requirements
6. Settlement: Settlement date, time, and process requirements
7. Title and Transfer: Provisions regarding transfer of title and requirements for clear title
8. Property Inspection: Terms regarding the buyer's right to inspect the property before settlement
9. Warranties and Undertakings: Vendor's warranties about the property and undertakings until settlement
10. Risk and Insurance: Allocation of risk and insurance requirements until settlement
11. Default: Consequences of default by either party and available remedies
12. General Terms: Standard contract terms including notices, time of essence, and governing law
13. Execution: Signing provisions and execution requirements
1. Chattels: Detailed section about included/excluded chattels when specific items need to be listed beyond the schedule
2. Finance Condition: Used when the purchase is conditional on the buyer obtaining finance
3. Building Report Condition: Used when the purchase is conditional on a satisfactory building inspection
4. Land Information Memorandum Condition: Used when the purchase is conditional on a satisfactory LIM report
5. Tenancy Provisions: Required when the property is sold with existing tenants
6. GST Provisions: Required when either party is GST registered or the transaction involves GST
7. Overseas Investment Provisions: Required when the purchaser is an overseas person under the Overseas Investment Act
8. Unit Title Provisions: Required for unit title properties, including body corporate information
9. Development Provisions: Used for properties under development or with pending renovations
1. Schedule 1 - Property Details: Comprehensive property details including certificate of title, legal description, and any easements or encumbrances
2. Schedule 2 - Chattels: Detailed list of chattels included and excluded from the sale
3. Schedule 3 - Special Conditions: Any special conditions agreed between the parties
4. Appendix A - Title Documents: Copy of certificate of title and relevant title documents
5. Appendix B - LIM Report: Land Information Memorandum report when obtained
6. Appendix C - Property Inspection Report: Building inspection report when obtained
7. Appendix D - Rental Information: Details of existing tenancies if applicable
8. Appendix E - Body Corporate Information: Body corporate rules and information for unit title properties
Authors
Bank
Building Act
Business Day
Chattels
Conditions Date
Default Interest Rate
Deposit
GST
Improvements
Land
Land Information Memorandum
LINZ
Local Authority
Payment Date
Property
Purchase Price
Purchaser
Registrar
Settlement
Settlement Date
Settlement Statement
Solicitor
Title
Unit Title
Vendor
Working Day
Building Report
Certificate of Title
Default
Encumbrance
Finance Date
GST Act
Land Transfer Act
Possession Date
Property Law Act
Real Estate Agent
Records of Title
Resource Management Act
Tenancy
Unit Titles Act
Verification of Identity
Warranties
Property Description
Title Transfer
Payment Terms
Deposit
Settlement
Due Diligence
Property Inspection
Finance Condition
Insurance
Risk and Damage
Warranties
Default
Possession
Chattels
Land Information
Property Access
Building Inspection
GST
Unit Title Provisions
Tenancy
Overseas Investment
Anti-Money Laundering
Local Authority Compliance
Resource Management
Existing Encumbrances
Body Corporate
Property Maintenance
Representations
Conditions Precedent
Time of Essence
Notices
Further Assurances
Severability
Entire Agreement
Governing Law
Dispute Resolution
Assignment
Force Majeure
Costs
Real Estate
Legal Services
Banking and Finance
Property Development
Construction
Insurance
Property Management
Conveyancing Services
Property Investment
Professional Services
Legal
Real Estate Sales
Conveyancing
Property Management
Mortgage Services
Compliance
Risk Assessment
Settlement Operations
Customer Service
Document Processing
Real Estate Agent
Property Lawyer
Conveyancing Lawyer
Property Manager
Mortgage Broker
Bank Manager
Property Valuer
Legal Executive
Compliance Officer
Real Estate Branch Manager
Settlement Officer
Property Developer
Investment Advisor
Building Inspector
Insurance Underwriter
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