Option Agreement Land Template for New Zealand

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Key Requirements PROMPT example:

Option Agreement Land

"I need a New Zealand Option Agreement Land for a 6-month option period starting March 2025, where the Grantee requires extensive due diligence rights for a potential commercial development project with subdivision potential."

Document background
The Option Agreement Land is a crucial document in New Zealand property transactions, providing a structured framework for potential property acquisitions. It is commonly used when a party requires time to conduct due diligence, arrange financing, or obtain necessary approvals before committing to a purchase. The agreement grants the option holder exclusive rights to purchase the property within a specified period, while protecting the property owner's interests through option fees and clear terms. This document type is particularly valuable in development projects, commercial property transactions, and strategic land acquisitions. It must comply with New Zealand property law requirements and includes essential elements such as property details, option period, purchase price mechanisms, and exercise procedures. The agreement is especially relevant when conditional factors need resolution before a definitive purchase commitment can be made.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement - the Grantor (property owner) and Grantee (option holder)

2. Background: Sets out the context of the agreement, including property ownership and intention to grant an option

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Grant of Option: Explicitly states the grant of the option and its basic terms

5. Option Period: Specifies the duration of the option and any extension provisions

6. Option Fee: Details the consideration paid for the option and whether it's refundable or applied to the purchase price

7. Exercise of Option: Specifies how and when the option may be exercised, including notice requirements

8. Purchase Price: States the agreed purchase price or mechanism for determining it

9. Deposit: Specifies deposit requirements upon exercise of the option

10. Settlement: Details the settlement process and obligations once the option is exercised

11. Title and Property Investigations: Addresses due diligence rights and obligations regarding the property

12. Grantor's Obligations: Sets out the property owner's obligations during the option period

13. Default and Termination: Specifies consequences of default and termination rights

14. General Provisions: Standard contractual provisions including notices, costs, and governing law

15. Execution: Formal execution block for signing by parties

Optional Sections

1. GST Provisions: Required when either party is GST-registered or the transaction may have GST implications

2. Overseas Investment Provisions: Required when the Grantee is or may be an overseas person under the Overseas Investment Act

3. Resource Consent Conditions: Include when the option exercise is conditional on obtaining specific resource consents

4. Development Conditions: Required when the option relates to land intended for development

5. Subdivision Provisions: Include when the option relates to land that requires subdivision

6. Multiple Option Holders: Required when there are multiple Grantees with specific arrangements between them

7. Nominee Provisions: Include when the Grantee may nominate another party to exercise the option

8. Mortgagee Consent: Required when the property is subject to a mortgage requiring lender consent

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including title references and legal description

2. Schedule 2 - Purchase Price Calculation: If applicable, detailed mechanism for calculating the purchase price

3. Schedule 3 - Option Exercise Notice: Pro forma notice for exercising the option

4. Schedule 4 - Special Conditions: Any special conditions applying to the option or subsequent sale

5. Schedule 5 - Agreement for Sale and Purchase: The form of agreement that will apply upon exercise of the option

6. Appendix A - Land Title: Copy of the current land title

7. Appendix B - Property Plans: Relevant plans, drawings or survey documents

8. Appendix C - Due Diligence Information: List of documents provided or to be provided for due diligence

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 Industries

Real Estate

Property Development

Commercial Property

Residential Property

Agriculture

Construction

Infrastructure

Investment

Urban Planning

Retail

Relevant Teams

Legal

Real Estate

Property Development

Commercial

Investment

Finance

Compliance

Risk Management

Project Management

Strategic Planning

Relevant Roles

Property Developer

Real Estate Manager

Investment Manager

Legal Counsel

Property Lawyer

Commercial Director

Development Manager

Land Acquisition Manager

Real Estate Agent

Property Investment Advisor

Chief Financial Officer

Project Manager

Urban Planner

Compliance Officer

Risk 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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