Property Purchase Option Agreement Template for New Zealand

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Key Requirements PROMPT example:

Property Purchase Option Agreement

"I need a Property Purchase Option Agreement for a commercial property in Auckland, New Zealand, with a 6-month option period ending March 1, 2025, including special provisions for conducting environmental assessments and obtaining overseas investment approval."

Document background
A Property Purchase Option Agreement is utilized in New Zealand real estate transactions when a potential buyer wishes to secure the right to purchase a property without immediately committing to the purchase. This document type is particularly relevant in development projects, commercial real estate transactions, or situations where parties need time to arrange financing or conduct due diligence. The agreement must align with New Zealand's legal framework, particularly the Property Law Act 2007 and the Land Transfer Act 2017. It typically includes detailed provisions about the option period, purchase price, exercise mechanisms, and any conditions that must be satisfied. The document serves as a crucial tool in property transactions, providing security for the option holder while offering the property owner certainty about potential sale terms.
Suggested Sections

1. Parties: Identification of the option grantor (property owner) and option holder (potential purchaser)

2. Background: Context of the agreement, including property details and parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

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

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

6. Option Fee: Amount payable for the option and payment terms

7. Exercise of Option: Process and requirements for exercising the option

8. Purchase Price: Agreed purchase price for the property if option is exercised

9. Property Details: Full legal description and details of the property subject to the option

10. Conditions: Any conditions that must be satisfied before the option can be exercised

11. Default and Termination: Consequences of default and circumstances for termination

12. General Provisions: Standard contractual provisions including notices, amendments, and governing law

13. Execution: Signing requirements and execution blocks

Optional Sections

1. Due Diligence: Terms for conducting property investigations, used when the option holder requires a due diligence period

2. Deposit: Terms relating to any deposit required, used when a deposit is part of the option arrangement

3. Property Access: Terms for accessing the property during the option period, used when inspection or access rights are granted

4. Assignment: Terms governing the ability to assign the option rights, used when assignment might be contemplated

5. Overseas Investment: Provisions relating to overseas investment approval, used when the option holder is a foreign investor

6. Real Estate Agent: Provisions relating to agent involvement, used when real estate agents are involved in the transaction

7. GST: GST treatment and obligations, used when the transaction has GST implications

8. Mortgagee Consent: Requirements for mortgagee consent, used when the property is subject to a mortgage

Suggested Schedules

1. Property Schedule: Detailed property description, including title references, boundaries, and improvements

2. Option Exercise Notice: Pro forma notice for exercising the option

3. Purchase Price Calculation: Details of how the purchase price is calculated, including any adjustments

4. Due Diligence Requirements: Specific requirements and checklist for due diligence investigations

5. Permitted Encumbrances: List of permitted encumbrances that will remain on the title

6. Special Conditions: Any special conditions or requirements specific to the property or transaction

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
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Construction

Property Investment

Banking and Finance

Legal Services

Property Management

Urban Development

Relevant Teams

Legal

Real Estate

Property Development

Investment

Commercial

Acquisitions

Finance

Compliance

Property Management

Due Diligence

Relevant Roles

Property Lawyer

Real Estate Agent

Property Developer

Investment Manager

Legal Counsel

Property Manager

Commercial Director

Development Manager

Acquisitions Manager

Real Estate Broker

Property Investment Advisor

Corporate Lawyer

Finance Manager

Due Diligence Officer

Compliance 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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