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Sub Sale Agreement
"I need a Sub Sale Agreement for a residential property in Auckland, where I'm acting as an intermediate purchaser and need to on-sell to a first-time home buyer before March 2025, with the original purchase price being $850,000 and the sub-sale price being $900,000."
1. Parties: Identifies and defines all parties to the agreement including the original seller, intermediate purchaser/seller, and end purchaser
2. Background: Sets out the context of the transaction, including reference to the original sale agreement and the proposed sub-sale arrangement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation principles
4. Sale and Purchase: Core agreement to sell and purchase the property, including price and payment terms
5. Conditions Precedent: Conditions that must be satisfied before the agreement becomes unconditional
6. Deposit: Terms relating to the deposit amount, payment, and holding arrangements
7. Due Diligence: Requirements and timeframes for property investigation and due diligence
8. Settlement and Completion: Procedures and requirements for completion of the sale
9. Title and Transfer: Provisions relating to title transfer and registration requirements
10. Warranties and Representations: Standard warranties given by each party
11. Default and Termination: Consequences of default and termination rights
12. General Provisions: Standard boilerplate clauses including notices, governing law, and dispute resolution
1. GST Provisions: Required when either party is GST registered or the transaction has GST implications
2. Overseas Investment Provisions: Required when the end purchaser is an overseas person under the Overseas Investment Act
3. Property Management: Required when there are interim property management arrangements between original and sub-sale settlement
4. Tenancy Arrangements: Required when the property is subject to existing tenancies
5. Development Provisions: Required when the property is part of an ongoing development or requires specific works
6. Nomination Rights: Required when the sub-purchaser wishes to retain the right to nominate an alternative purchaser
7. Vendor Finance: Required when vendor financing arrangements are part of the transaction
1. Property Details: Detailed description of the property including title references and encumbrances
2. Purchase Price Breakdown: Itemized breakdown of the purchase price including any adjustments
3. Settlement Requirements: Checklist of documents and requirements for settlement
4. Original Sale Agreement: Copy of the head agreement between original vendor and intermediate purchaser
5. Warranties Schedule: Detailed warranties given by each party
6. Due Diligence Results: Summary of due diligence findings and disclosed issues
7. Property Condition Report: Detailed report on the current condition of the property
Authors
Business Day
Completion Date
Conditions Precedent
Deposit
Due Diligence Period
End Purchaser
Encumbrances
GST
Head Agreement
Intermediate Purchaser
Land
LINZ
Original Settlement Date
Original Vendor
Permitted Encumbrances
Property
Purchase Price
Registration
Settlement
Settlement Date
Sub-Sale
Sub-Sale Settlement Date
Title
Transfer
Vendor's Solicitor
Warranties
Working Day
Default Interest Rate
Disclosure Documents
Due Diligence Materials
Effective Date
Improvements
Land Transfer Office
Notice
Original Purchase Price
Possession Date
Property Documents
Purchase Price Allocation
Registration Fee
Related Documents
Required Consents
Security Interest
Solicitor's Undertaking
Sub-Purchaser's Solicitor
Transaction
Definitions
Sale and Purchase
Purchase Price
Payment Terms
Deposit
Due Diligence
Conditions Precedent
Title and Transfer
Settlement
Completion
GST
Warranties
Representations
Property Condition
Risk and Insurance
Default
Termination
Force Majeure
Assignment
Notices
Confidentiality
Anti-Money Laundering
Costs
Time of Essence
Further Assurance
Entire Agreement
Severability
Governing Law
Dispute Resolution
Property Access
Intermediate Purchaser Obligations
End Purchaser Obligations
Original Vendor Obligations
Title Registration
Settlement Adjustments
Property Outgoings
Tenancy Arrangements
Development Rights
Overseas Investment
Local Authority Compliance
Environmental Matters
Encumbrances
Nomination Rights
Property Management
Interim Period Obligations
Real Estate
Property Development
Commercial Property
Residential Property
Retail Property
Industrial Property
Construction
Property Investment
Legal Services
Financial Services
Legal
Real Estate
Property Development
Commercial
Compliance
Finance
Investment
Operations
Risk Management
Business Development
Property Lawyer
Real Estate Agent
Property Developer
Commercial Director
Property Manager
Investment Manager
Legal Counsel
Conveyancing Manager
Property Investment Advisor
Real Estate Portfolio Manager
Compliance Officer
Transaction Manager
Development Manager
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