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Option To Buy Contract
"I need an Option to Buy Contract for a commercial warehouse property in Auckland, with a 12-month option period starting March 2025, including specific conditions about obtaining resource consent for development and environmental assessments."
1. Parties: Identifies and provides full details of the Option Grantor (seller) and Option Holder (potential buyer)
2. Background: Sets out the context of the agreement, including brief description of the property and parties' intention to enter into an option arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Grant of Option: Specifies the formal grant of the option and its basic terms
5. Option Fee: Details the amount payable for the option and payment terms
6. Option Period: Specifies the duration of the option and any extension mechanisms
7. Exercise of Option: Details the process and requirements for exercising the option
8. Purchase Price: Specifies the agreed purchase price for the property if the option is exercised
9. Property Access: Sets out terms for property inspection and access during the option period
10. Warranties and Representations: Details the promises and guarantees made by both parties
11. Default and Termination: Outlines circumstances of default and termination rights
12. General Provisions: Contains standard contract clauses including notices, governing law, and dispute resolution
1. Due Diligence: Optional section for detailed due diligence requirements and processes, used when specific investigations are needed
2. Multiple Properties: Used when the option covers more than one property, detailing specific terms for each
3. Third Party Rights: Required when there are existing tenants or other third-party interests in the property
4. Development Conditions: Included when the option is contingent on obtaining development approvals or consents
5. GST Provisions: Detailed GST treatment if the transaction is subject to GST
6. Overseas Investment Provisions: Required when the potential buyer is or may be an overseas person under the Overseas Investment Act
1. Schedule 1 - Property Description: Detailed description of the property including title references, boundaries, and improvements
2. Schedule 2 - Option Exercise Notice: Pro forma notice for exercising the option
3. Schedule 3 - Purchase Price Calculation: Details of how the purchase price is calculated, including any adjustments
4. Schedule 4 - Due Diligence Requirements: List of required due diligence items and acceptance criteria
5. Schedule 5 - Special Conditions: Any special conditions or requirements specific to the property or transaction
6. Appendix A - Title Documents: Copies of relevant title documents and registered interests
7. Appendix B - Property Plans: Plans, drawings, or surveys of the property
Authors
Business Day
Commencement Date
Completion Date
Deposit
Due Diligence Period
Encumbrances
Exercise Notice
Exercise Period
GST
Land
Option
Option Exercise Date
Option Fee
Option Period
Option Purchase Price
Permitted Encumbrances
Property
Purchase Price
Settlement Date
Title
Transfer
Valuation
Working Day
Option Grantor
Option Holder
Improvements
Land Transfer Office
Requisitions
Settlement
Solicitor
Term
Default Interest Rate
Due Diligence Material
Governmental Authority
Inspection Period
Notice
Parties
Registered Interests
Option Fee
Option Period
Option Exercise
Purchase Price
Property Access
Due Diligence
Title Matters
Warranties and Representations
GST
Assignment
Confidentiality
Default and Termination
Force Majeure
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Costs
Property Maintenance
Insurance
Third Party Rights
Further Assurance
Variation
Waiver
Time of Essence
Successors and Assigns
Counterparts
Electronic Execution
Risk and Possession
Settlement Obligations
Encumbrances
Property Inspection
Compliance with Laws
Land Information Memorandum
Resource Management
Local Authority Requirements
Real Estate
Commercial Property
Residential Property
Property Development
Construction
Legal Services
Financial Services
Agriculture
Retail
Industrial
Legal
Real Estate
Property Management
Business Development
Commercial
Finance
Operations
Investment
Asset Management
Project Management
Risk Management
Property Lawyer
Real Estate Agent
Property Developer
Commercial Director
Investment Manager
Property Manager
Legal Counsel
Conveyancing Lawyer
Business Development Manager
Asset Manager
Facilities Manager
Construction Manager
Project Manager
Chief Financial Officer
Real Estate Investment Director
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