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Land Option Contract
"I need a Land Option Contract for a potential development site in Auckland, with a 12-month option period starting March 2025, including conditions for resource consent approval and subdivision rights, where the option holder is a registered property development company."
1. Parties: Identification of the Option Grantor (landowner) and Option Holder, including full legal names and addresses
2. Background: Context of the agreement, including brief description of the property and parties' intentions
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpretation
4. Grant of Option: Core terms of the option grant, including exclusivity and duration
5. Option Fee: Amount, payment terms, and status of the option fee (whether refundable or non-refundable)
6. Exercise of Option: Process and requirements for exercising the option, including notice requirements
7. Purchase Price: Specified purchase price or calculation method for the land if option is exercised
8. Deposit: Amount and terms of the deposit required upon exercise of the option
9. Title and Property Investigations: Rights and procedures for conducting due diligence on the property
10. Conditions: Any conditions that must be satisfied before the option can be exercised
11. Settlement: Process and requirements for completing the purchase if option is exercised
12. Warranties: Representations and warranties given by both parties
13. Default: Consequences of default by either party
14. General Provisions: Standard contractual provisions including notices, amendments, governing law
15. Execution: Formal execution blocks for all parties
1. GST Provisions: Required if either party is GST-registered or if the transaction may have GST implications
2. Development Conditions: Include if the option is contingent on obtaining development approvals or consents
3. Multiple Option Holders: Required if there are multiple option holders, defining their relationships and obligations
4. Mortgagee Consent: Include if the property is mortgaged and requires lender consent
5. Assignment Rights: Include if parties want to specifically address the right to assign the option
6. Resource Management Obligations: Include if there are specific resource management or environmental considerations
7. Subdivision Provisions: Required if the option relates to land that needs to be subdivided
8. Overseas Investment Provisions: Include if the option holder is or may be an overseas person under the Overseas Investment Act
1. Property Description Schedule: Detailed legal description of the property including title references and area
2. Option Exercise Notice: Pro forma notice for exercising the option
3. Purchase Price Calculation: If applicable, detailed methodology for calculating the purchase price
4. Due Diligence Checklist: List of investigations and documents required for due diligence
5. Title Documents: Copy of title and relevant registered documents
6. Land Transfer Tax Statement: Required form for land transfer tax purposes
7. Development Plans: If applicable, plans showing proposed development or subdivision
8. Required Consents: List of required consents and their status
Authors
Business Day
Commencement Date
Completion Date
Conditions
Consent
Default Interest Rate
Deposit
Due Diligence Period
Encumbrance
Exercise Date
Exercise Notice
Exercise Period
GST
Land
Local Authority
Option
Option Fee
Option Period
Permitted Encumbrances
Property
Purchase Price
Resource Consent
Settlement Date
Title
Transfer
Valuation
Working Day
Grant of Option
Option Fee
Option Period
Exercise of Option
Purchase Price
Deposit
Due Diligence
Title Investigation
Property Access
Settlement
GST
Resource Management
Warranties
Default
Assignment
Mortgagee Consent
Local Authority Compliance
Insurance
Risk and Possession
Subdivision
Development Rights
Confidentiality
Dispute Resolution
Notices
Force Majeure
Governing Law
Entire Agreement
Amendment
Severability
Costs
Further Assurance
Real Estate
Property Development
Construction
Agriculture
Commercial Property
Residential Property
Industrial Property
Urban Planning
Infrastructure Development
Retail Property
Legal
Real Estate
Property Development
Commercial
Finance
Risk Management
Project Management
Investment
Planning and Strategy
Operations
Property Developer
Real Estate Manager
Legal Counsel
Property Lawyer
Investment Manager
Development Manager
Land Acquisition Manager
Real Estate Agent
Property Investment Advisor
Commercial Director
Project Manager
Site Acquisition Manager
Planning Manager
Chief Financial Officer
Risk Manager
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