Sub Sale Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
A Sub Sale Agreement is essential in New Zealand property transactions where an intermediate party wishes to on-sell a property before completing their own purchase. This arrangement is common in property development, investment, and speculation scenarios. The document must comply with New Zealand property law requirements and typically includes details of the original sale agreement, the terms of the sub-sale, conditions precedent, settlement arrangements, and warranties. It's particularly important in ensuring clear title transfer and managing the risks associated with sequential property transactions. The agreement needs to address GST implications, anti-money laundering compliance, and potential overseas investment considerations. Sub Sale Agreements are frequently used in both commercial and residential property contexts, requiring careful attention to the timing of settlements and coordination between all parties involved.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Construction

Property Investment

Legal Services

Financial Services

Relevant Teams

Legal

Real Estate

Property Development

Commercial

Compliance

Finance

Investment

Operations

Risk Management

Business Development

Relevant Roles

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

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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