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Real Estate Termination Agreement
"I need a Real Estate Termination Agreement for a residential property sale in Auckland, New Zealand, where both parties have mutually agreed to terminate due to failed building inspection reports, with deposit return to be completed by March 15, 2025."
1. Parties: Identification of all parties to the agreement, including full legal names and addresses
2. Background: Context of the original agreement being terminated, including reference to the original sale and purchase agreement, date of original agreement, and reason for termination
3. Definitions: Definitions of key terms used throughout the agreement
4. Termination: Clear statement of the termination of the original agreement and the effective date
5. Release and Discharge: Mutual release of parties from obligations under the original agreement
6. Return of Deposit: Details regarding the return of any deposit paid, including amount, timing, and method of return
7. Mutual Releases: Comprehensive releases between parties for claims relating to the original agreement
8. Costs: Allocation of costs related to the original agreement and termination process
9. Confidentiality: Obligations regarding confidentiality of the termination and original agreement
10. Entire Agreement: Confirmation that this document represents the entire agreement regarding the termination
11. Governing Law: Specification that the agreement is governed by New Zealand law
12. Execution: Signing provisions and execution requirements
1. Property Inspection Costs: Used when there are costs related to property inspections that need to be addressed in the termination
2. Agent Commission: Included when there are real estate agent commission issues to be resolved
3. Third Party Rights: Required when there are third parties affected by the termination (e.g., tenants, mortgage providers)
4. Dispute Resolution: Optional mechanism for resolving any future disputes regarding the termination
5. Return of Documents: Used when there are significant documents that need to be returned as part of the termination
6. Survival Clauses: Included when certain provisions need to survive the termination
7. Tax Implications: Required when there are specific tax consequences that need to be addressed
1. Schedule 1 - Original Agreement Details: Copy or key details of the original sale and purchase agreement being terminated
2. Schedule 2 - Property Details: Full legal description of the property that was subject to the original agreement
3. Schedule 3 - Financial Settlement: Detailed breakdown of any financial settlements, including deposit returns and cost allocations
4. Schedule 4 - Timeline: Timeline for completion of all termination-related actions
5. Appendix A - Supporting Documents: Copies of relevant supporting documents (e.g., property inspection reports, correspondence)
6. Appendix B - Release Forms: Standard form releases to be signed by all parties
Authors
Business Day
Completion Date
Deposit
Effective Date
GST
Land
Original Agreement
Property
Purchase Price
Purchaser
Real Estate Agent
Refund Amount
Settlement Date
Termination Date
Termination Fee
Title
Vendor
Working Day
Encumbrances
Parties
Related Documents
Settlement
Solicitors
Outstanding Obligations
Release
Confidential Information
Costs
Termination
Deposit Return
Mutual Release
Financial Settlement
Costs and Expenses
Confidentiality
Property Rights
Representations and Warranties
Further Assurance
Dispute Resolution
Governing Law
Notices
Severability
Entire Agreement
Assignment
Force Majeure
Indemnification
Third Party Rights
Execution
Survival
Waiver
Time of Essence
Amendment
Real Estate
Property Development
Legal Services
Banking and Finance
Property Management
Construction
Property Investment
Residential Housing
Commercial Property
Property Consultancy
Legal
Real Estate Sales
Property Management
Compliance
Risk Management
Contract Administration
Settlement
Customer Relations
Document Control
Operations
Real Estate Agent
Property Lawyer
Conveyancing Lawyer
Property Manager
Real Estate Branch Manager
Legal Counsel
Contract Manager
Property Developer
Real Estate Sales Manager
Settlement Officer
Compliance Officer
Property Consultant
Real Estate Transaction Coordinator
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