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Pre Sale Agreement Property
"I need a Pre-Sale Agreement Property for an off-plan apartment development in Auckland, New Zealand, with staged payments and specific clauses for completion timing, targeting settlement in March 2025."
1. Parties: Identification and details of the vendor and purchaser
2. Background: Context of the agreement and general purpose of the pre-sale arrangement
3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement
4. Property Details: Full legal description of the property including title details and physical address
5. Purchase Price: Agreed purchase price and payment structure including deposit requirements
6. Deposit: Terms for payment, holding, and potential forfeiture of the deposit
7. Conditions Precedent: Conditions that must be satisfied before the agreement becomes unconditional
8. Settlement: Settlement date, process, and requirements for completion
9. Title and Transfer: Provisions relating to transfer of title and associated requirements
10. Vendor's Warranties: Warranties given by the vendor regarding the property
11. Purchaser's Warranties: Warranties given by the purchaser regarding their ability to complete
12. Risk and Insurance: Allocation of risk and insurance requirements until settlement
13. Default: Consequences and remedies in case of default by either party
14. Notices: Process for giving notices under the agreement
15. General Provisions: Standard contract clauses including governing law, entire agreement, etc.
1. GST Provisions: Required when either party is GST registered or the property is part of a taxable activity
2. Development Obligations: Used when the property is being sold off-plan or requires development work before settlement
3. Sunset Clause: Included when there's a need to specify a final date by which the agreement must become unconditional
4. Body Corporate: Required for unit title properties, covering body corporate rules and obligations
5. Tenant Provisions: Included when the property is sold with existing tenancies
6. Resource Consent Conditions: Required when the property requires specific resource consents or has existing consent conditions
7. Construction Warranties: Used for new builds or properties under construction
8. Overseas Investment Conditions: Required when the purchaser is an overseas person requiring OIO consent
1. Schedule 1: Property Details: Detailed description of the property including boundaries, improvements, and chattels
2. Schedule 2: Payment Schedule: Detailed breakdown of payment terms including deposit and settlement payments
3. Schedule 3: Warranties: Comprehensive list of vendor warranties about the property
4. Schedule 4: Required Consents: List of consents and approvals required before settlement
5. Schedule 5: Disclosed Matters: List of matters disclosed by the vendor about the property
6. Appendix A: Property Plans: Plans, drawings or specifications of the property
7. Appendix B: Title Documents: Copy of title and relevant registered documents
8. Appendix C: LIM Report: Land Information Memorandum report (if available)
9. Appendix D: Construction Documents: Building plans and specifications (for new builds or properties under construction)
Authors
Authority
Building Consent
Business Day
Certificate of Title
Chattels
Completion Date
Conditions Precedent
Default Rate
Deposit
Development
Due Diligence Period
Encumbrance
GST
Improvements
Land
LIM Report
Local Authority
Notice
Overseas Investment Office
Parties
Permitted Encumbrances
Plans and Specifications
Property
Purchase Price
Purchaser
Purchaser's Solicitor
Resource Consent
Settlement
Settlement Date
Sunset Date
Title
Unit Plan
Unit Title
Vendor
Vendor's Solicitor
Warranties
Purchase Price
Payment Terms
Deposit
Due Diligence
Title Matters
Warranties
Conditions Precedent
Settlement
Default
Risk and Insurance
Representations
Assignment
GST
Land Transfer
Consents and Approvals
Development Obligations
Possession
Chattels
Property Inspection
Local Authority Requirements
Body Corporate
Tenant Rights
Overseas Investment
Force Majeure
Dispute Resolution
Governing Law
Notices
Confidentiality
Entire Agreement
Severability
Further Assurance
Costs
Time of Essence
Termination
Real Estate
Property Development
Construction
Legal Services
Banking and Finance
Property Investment
Retail (for commercial properties)
Hospitality (for commercial properties)
Agricultural (for rural properties)
Industrial (for industrial properties)
Legal
Real Estate Sales
Property Management
Business Development
Compliance
Risk Management
Commercial
Operations
Finance
Settlements
Document Control
Real Estate Agent
Property Lawyer
Conveyancing Lawyer
Property Developer
Property Manager
Sales Manager
Legal Counsel
Contract Manager
Commercial Director
Property Investment Manager
Development Manager
Compliance Officer
Real Estate Branch Manager
Settlement Officer
Property Consultant
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