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Memorandum Of Agreement (Real Estate)
"I need a Memorandum of Agreement (Real Estate) for the purchase of a commercial warehouse property in Auckland, with settlement planned for March 2025, including specific provisions for environmental due diligence and existing resource consents."
1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Sets out the context and circumstances leading to the agreement
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Property Details: Specific details of the property including legal description, title reference, and physical address
5. Purchase Price: States the agreed purchase price and payment terms
6. Deposit: Specifies deposit amount, payment timing, and handling conditions
7. Settlement: Details of settlement date, process, and requirements
8. Title and Transfer: Provisions regarding title transfer and registration requirements
9. Conditions Precedent: Essential conditions that must be satisfied before the agreement becomes unconditional
10. Due Diligence: Buyer's rights and obligations regarding property investigation
11. Vendor's Warranties: Warranties provided by the vendor regarding the property
12. Purchaser's Warranties: Warranties provided by the purchaser regarding ability to complete
13. Default: Consequences and remedies in case of default by either party
14. General Provisions: Standard legal provisions including notices, amendments, and governing law
15. Execution: Signature blocks and execution requirements
1. Tenancies: Required if the property has existing tenants, detailing lease arrangements and obligations
2. GST: Required if the transaction has GST implications
3. Overseas Investment: Required if purchaser is an overseas person under the Overseas Investment Act
4. Property Improvements: Required if specific improvements are to be completed before settlement
5. Body Corporate: Required for unit title properties, including body corporate rules and obligations
6. Contamination: Required if there are known or potential contamination issues
7. Development Provisions: Required if the property is part of a development or subject to development conditions
8. Resource Consents: Required if specific resource consents are relevant to the property or its intended use
1. Property Schedule: Detailed description of land, improvements, and included chattels
2. Title Documents: Copy of title and relevant registered documents
3. Tenant Schedule: Details of existing tenancies including terms and conditions
4. Due Diligence Checklist: List of documents and information to be provided for due diligence
5. Special Conditions: Any special terms or conditions specific to this transaction
6. Property Disclosure Statement: Vendor's disclosures about property condition and known issues
7. Settlement Statement: Template for final settlement calculations
8. Property Inspection Report: Results of property inspection if already completed
Authors
Real Estate
Commercial Property
Residential Property
Property Development
Property Investment
Banking and Finance
Legal Services
Property Management
Construction
Urban Planning
Legal
Real Estate
Compliance
Property Management
Sales
Commercial
Risk Management
Operations
Finance
Investment
Due Diligence
Contract Administration
Real Estate Agent
Property Lawyer
Conveyancing Lawyer
Property Manager
Legal Counsel
Compliance Officer
Property Developer
Investment Manager
Real Estate Broker
Contract Administrator
Property Valuer
Settlement Officer
Due Diligence Officer
Real Estate Transaction Coordinator
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