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Apartment Sale And Purchase Contract Template for New Zealand

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Key Requirements PROMPT example:

Apartment Sale And Purchase Contract

"I need an Apartment Sale and Purchase Contract for a two-bedroom unit in Auckland, with settlement planned for March 2025, including standard body corporate provisions and a mortgage finance condition."

Document background
The Apartment Sale And Purchase Contract is a specialized legal document designed for property transactions involving apartments and unit titles in New Zealand. It is essential for any transfer of apartment ownership, incorporating specific provisions required under New Zealand's Unit Titles Act 2010 and related property legislation. This contract type is particularly important as it addresses unique aspects of apartment ownership, including body corporate responsibilities, shared facilities, and unit plan specifications. The document is used when selling or purchasing apartments, whether in existing buildings or off-the-plan developments, and includes comprehensive provisions for protecting both parties' interests, ensuring compliance with local regulations, and facilitating smooth property transfers. It differs from standard house sale agreements due to its specific focus on unit title properties and associated legal requirements.
Suggested Sections

1. Parties: Identification of the vendor and purchaser, including full legal names, addresses, and contact details

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, legal description, and certificate of title details

5. Purchase Price: Agreed purchase price, deposit amount, and payment terms

6. Settlement and Possession: Settlement date, possession arrangements, and key handover process

7. Title and Registration: Requirements for title transfer and registration of ownership

8. Unit Title Provisions: Specific provisions relating to unit title ownership, body corporate rules, and obligations

9. Warranties and Undertakings: Vendor's warranties about the property and undertakings from both parties

10. Pre-settlement Obligations: Obligations of both parties before settlement, including maintenance and insurance

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

12. General Terms: Standard contract terms including notices, amendments, and governing law

Optional Sections

1. Mortgage Finance Condition: Conditional clause if purchaser requires mortgage financing to complete the purchase

2. Due Diligence: Provision for purchaser's due diligence period and requirements, if applicable

3. Sale of Purchaser's Property: Condition relating to the sale of purchaser's existing property

4. Overseas Investment Consent: Required when purchaser needs Overseas Investment Office consent

5. Tenancy Provisions: Required if the property is sold with existing tenants

6. GST Provisions: Required if either party is GST registered and the transaction includes GST

7. Development Provisions: Required for off-the-plan purchases or properties under development

8. Chattels Lease: Required if any chattels are subject to lease arrangements

Suggested Schedules

1. Property Schedule: Detailed description of the property including boundaries, improvements, and included chattels

2. Body Corporate Information: Details of body corporate rules, fees, maintenance plans, and financial statements

3. Unit Plan: Copy of the unit plan showing the apartment location and common areas

4. Title Documents: Copy of certificate of title and relevant encumbrances

5. LIM Report: Land Information Memorandum report from the local council

6. Pre-settlement Inspection Checklist: Checklist for final inspection before settlement

7. Chattels List: Detailed list of all chattels included in the sale

8. Building Report: Technical report on the building's condition, if obtained

9. Insurance Certificates: Copies of relevant insurance certificates including body corporate insurance

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Legal Services

Financial Services

Property Development

Property Management

Construction

Insurance

Banking

Professional Services

Urban Planning

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Conveyancing

Risk Management

Sales

Client Services

Operations

Documentation

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Specialist

Property Manager

Body Corporate Manager

Property Developer

Legal Counsel

Compliance Officer

Real Estate Partner

Property Valuer

Mortgage Broker

Settlement Officer

Property Consultant

Real Estate Transaction Coordinator

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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