Option To Buy Contract Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Option to Buy Contract is a crucial legal instrument in New Zealand property transactions, providing a potential buyer with the exclusive right to purchase a property while allowing time for due diligence, financing arrangements, or other contingencies. This document is commonly used in commercial property transactions, development projects, and strategic property acquisitions. It must comply with New Zealand legislation, including the Property Law Act 2007 and the Contract and Commercial Law Act 2017. The agreement typically includes detailed terms about the option period, purchase price, exercise mechanisms, property access rights, and any conditions precedent. It's particularly useful when buyers need time to arrange financing, obtain necessary consents, or complete due diligence before committing to a purchase.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 legal definitions
Clauses
Relevant Industries

Real Estate

Commercial Property

Residential Property

Property Development

Construction

Legal Services

Financial Services

Agriculture

Retail

Industrial

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Commercial

Finance

Operations

Investment

Asset Management

Project Management

Risk Management

Relevant Roles

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

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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