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Sale and Purchase Agreement
I need a sale and purchase agreement for a residential property in Auckland, including clauses for a conditional finance approval period of 10 working days, a building inspection clause, and a settlement date set for 60 days from the date of signing.
What is a Sale and Purchase Agreement?
A Sale and Purchase Agreement is the key legal contract when you're buying or selling property in New Zealand. It spells out all the essential details of the transaction - from the agreed price and deposit requirements to settlement dates and any special conditions that both parties need to meet.
Under NZ law, this binding document protects both buyers and sellers by clearly stating what's included in the sale, like chattels and fixtures, and setting out important timeframes for things like building inspections, LIM reports, and finance approval. Real estate agents typically use the standard REINZ form, though lawyers can draft custom versions for more complex deals.
When should you use a Sale and Purchase Agreement?
You need a Sale and Purchase Agreement any time you're buying or selling property in New Zealand - from residential homes to commercial buildings. It's essential to have this agreement in place before paying a deposit or proceeding with property inspections, as it locks in the key terms and protects both parties.
Common trigger points include making an offer on a house, selling a commercial property, or purchasing bare land for development. The agreement becomes especially important when dealing with unique conditions like delayed settlement dates, building covenants, or multi-stage payments. Getting it right early helps avoid costly disputes and ensures a smooth property transfer.
What are the different types of Sale and Purchase Agreement?
- Real Estate Purchase And Sale Agreement: Standard residential property template with core sections for price, settlement, and conditions
- Commercial Purchase Agreement: Enhanced version for business properties with detailed tenant and zoning provisions
- Land Purchase Contract: Specialized for vacant land sales with development and subdivision clauses
- Business Purchase And Sale Agreement: Covers business asset sales including stock, equipment, and goodwill
- Vehicle Sales Agreement: Simplified version for motor vehicle transactions with specific warranty terms
Who should typically use a Sale and Purchase Agreement?
- Property Buyers & Sellers: The main parties who sign and are bound by the agreement's terms, including deposit payments and settlement dates
- Real Estate Agents: Present offers, help negotiate terms, and prepare initial agreement drafts using standard REINZ forms
- Property Lawyers: Review agreements, advise clients on terms, handle title searches, and manage settlement processes
- Banks & Lenders: Review agreements as part of mortgage approval, often requiring specific conditions be met
- Property Inspectors: Conduct checks within timeframes specified in the agreement's conditions
- Local Councils: Issue LIM reports and verify compliance with zoning requirements mentioned in agreements
How do you write a Sale and Purchase Agreement?
- Property Details: Gather exact address, title references, and land area from official records
- Price Terms: Document the purchase price, deposit amount, and payment schedule
- Party Information: Collect full legal names, addresses, and contact details for all buyers and sellers
- Chattels List: Create detailed inventory of items included or excluded from the sale
- Key Dates: Set finance, building inspection, and settlement deadlines
- Special Conditions: Note any unique requirements like tenant rights or council approvals
- Digital Platform: Use our template system to generate a legally compliant agreement that includes all required elements
What should be included in a Sale and Purchase Agreement?
- Party Details: Full legal names and addresses of all buyers, sellers, and guarantors
- Property Description: Legal title reference, street address, and boundaries clearly defined
- Purchase Price: Total amount, deposit requirements, and payment schedule
- Chattels List: Detailed inventory of all items included or excluded from sale
- Conditions: Finance, LIM report, building inspection, and other contingencies
- Settlement Terms: Date, time, and location for final payment and property transfer
- Default Provisions: Consequences and remedies if either party breaches the agreement
- Signatures: Execution blocks for all parties, with witness requirements if needed
What's the difference between a Sale and Purchase Agreement and a Share Purchase Agreement?
A Sale and Purchase Agreement differs significantly from a Share Purchase Agreement in several key ways. While both are legally binding contracts for transferring ownership, they serve distinct purposes in New Zealand business transactions.
- Asset Coverage: Sale and Purchase Agreements typically cover physical property like land, buildings, or vehicles, while Share Purchase Agreements deal specifically with company ownership transfer through shares
- Due Diligence Requirements: Share Purchase Agreements need extensive company financial and legal verification, versus property-focused checks for Sale and Purchase Agreements
- Legal Complexity: Share Purchase Agreements usually involve more complex warranties, indemnities, and post-completion obligations than property-focused Sale and Purchase Agreements
- Regulatory Oversight: Share transfers often require additional corporate approvals and Companies Office notifications, while property transfers focus on land registry requirements
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