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Apartment Sale Agreement for New Zealand

Apartment Sale Agreement Template for New Zealand

A comprehensive legal document governed by New Zealand law that facilitates the sale and purchase of an apartment or unit title property. The agreement details all aspects of the transaction including property specifications, purchase price, payment terms, settlement conditions, and body corporate obligations. It incorporates requirements from the Unit Titles Act 2010 and Property Law Act 2007, ensuring compliance with New Zealand's property law framework while protecting both vendor and purchaser interests through clearly defined terms and conditions.

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Apartment Sale Agreement

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What is a Apartment Sale Agreement?

The Apartment Sale Agreement is a specialized legal document used in New Zealand for transactions involving unit title properties under the Unit Titles Act 2010. This agreement is essential when selling or purchasing an apartment, unit, or flat that is part of a multi-unit complex. It differs from standard property sale agreements by incorporating specific provisions related to body corporate rules, shared facilities, and unit title requirements. The document ensures compliance with New Zealand property law while addressing unique aspects of apartment ownership, including body corporate fees, maintenance responsibilities, and common property rights. It is particularly important in urban areas where apartment living is common and requires careful consideration of both individual unit ownership and shared property responsibilities.

What sections should be included in a Apartment Sale Agreement?

1. Parties: Identification of the vendor and purchaser with full legal names and addresses

2. Background: Context of the transaction and brief description of the property being sold

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

4. Property Description: Detailed description of the apartment, including unit number, floor level, and share in common property

5. Purchase Price: Agreed purchase price and payment structure, including deposit details

6. Title and Ownership: Details of the unit title and associated ownership rights

7. Settlement and Completion: Settlement date, completion requirements, and possession arrangements

8. Vendor's Warranties: Warranties provided by the vendor regarding the property's condition and title

9. Purchaser's Warranties: Warranties provided by the purchaser regarding financial capacity and legal ability to purchase

10. Body Corporate: Information about body corporate rules, fees, and obligations

11. Risk and Insurance: Allocation of risk and insurance requirements until settlement

12. Default: Consequences of default by either party and remedies available

13. General Provisions: Standard legal provisions including notices, governing law, and execution requirements

What sections are optional to include in a Apartment Sale Agreement?

1. Mortgage Finance: Include when purchaser requires mortgage finance to complete the purchase

2. Overseas Investment: Required when purchaser is an overseas person requiring OIO consent

3. GST: Include when either party is GST registered and the transaction has GST implications

4. Tenancy: Include when the property is sold with existing tenants

5. Building Report: Include when purchase is conditional on a satisfactory building inspection

6. Remediation Works: Include when specific repairs or improvements are agreed to be completed before settlement

7. Development Provisions: Include when the apartment is part of an off-plan or under-construction development

What schedules should be included in a Apartment Sale Agreement?

1. Schedule 1 - Property Details: Detailed description of the apartment, including floor plan and car park allocation

2. Schedule 2 - Chattels: List of chattels included in the sale

3. Schedule 3 - Body Corporate Information: Body corporate rules, fees, and recent AGM minutes

4. Schedule 4 - Title Documents: Copy of unit title, easements, and other relevant title documents

5. Schedule 5 - Warranties: Detailed vendor warranties about the property

6. Appendix A - LIM Report: Land Information Memorandum report from the local council

7. Appendix B - Building Report: Technical report on the building's condition (if applicable)

8. Appendix C - Pre-settlement Inspection Form: Form for recording the pre-settlement inspection results

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Property Management

Construction

Insurance

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Compliance

Sales

Property Development

Risk Management

Operations

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Specialist

Property Manager

Body Corporate Manager

Property Developer

Legal Counsel

Compliance Officer

Property Valuer

Settlement Officer

Real Estate Partner

Property Transaction 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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