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Conditional Deed Of Sale
"I need a Conditional Deed of Sale for the purchase of a commercial warehouse property in Auckland, where the sale is conditional upon obtaining resource consent and satisfactory environmental assessment by March 2025, with the purchaser being an overseas company requiring OIO approval."
1. Parties: Identifies and defines all parties to the deed, including full legal names, addresses, and any registration numbers for companies
2. Background: Sets out the context of the transaction, including brief description of the property and the intention to sell/purchase
3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes rules for interpretation
4. Agreement to Sell and Purchase: The core agreement where the vendor agrees to sell and the purchaser agrees to purchase the property
5. Purchase Price: Specifies the purchase price, payment structure, and deposit requirements
6. Conditions Precedent: Lists all conditions that must be satisfied before the sale becomes unconditional
7. Settlement: Details the settlement process, timing, and requirements for completion
8. Property Transfer: Specifies the mechanisms and requirements for transferring title
9. Vendor's Warranties: Lists all warranties and representations made by the vendor regarding the property
10. Purchaser's Warranties: Contains warranties and representations made by the purchaser
11. Default: Specifies consequences and remedies in case of default by either party
12. General Provisions: Contains standard legal provisions including notices, governing law, and dispute resolution
1. GST Provisions: Required when the transaction involves GST-registered parties or commercial property
2. Overseas Investment Conditions: Required when the purchaser is an overseas person under the Overseas Investment Act
3. Tenancy Provisions: Required when the property is sold with existing tenancies
4. Development Conditions: Required when the property is being sold for development purposes
5. Resource Consent Conditions: Required when the sale is conditional on obtaining specific resource consents
6. Due Diligence: Optional section detailing due diligence requirements and timeframes
7. Finance Condition: Required when the purchase is conditional on the purchaser obtaining finance
8. Building Report Condition: Optional section for residential properties where a building inspection is required
1. Property Schedule: Detailed description of the property including title references, legal description, and included chattels
2. Payment Schedule: Detailed breakdown of the purchase price, deposit, and payment terms
3. Conditions Schedule: Detailed description of all conditions and their respective timeframes
4. Warranty Schedule: Comprehensive list of vendor warranties about the property
5. Disclosed Matters: List of all matters disclosed by the vendor that may affect the property
6. Chattels Schedule: Itemized list of all chattels included or excluded from the sale
7. Tenancy Schedule: Details of any existing tenancies, including terms and conditions (if applicable)
8. Due Diligence Checklist: List of items to be reviewed during due diligence (if applicable)
Authors
Real Estate
Commercial Property
Residential Property
Construction
Property Development
Banking and Finance
Legal Services
Agriculture (for farm sales)
Retail (for shop premises)
Industrial
Legal
Real Estate
Property Management
Compliance
Risk Management
Commercial
Operations
Sales
Business Development
Settlement
Due Diligence
Document Control
Property Lawyer
Real Estate Agent
Property Manager
Commercial Property Manager
Legal Counsel
Conveyancing Manager
Property Developer
Real Estate Transaction Coordinator
Settlement Officer
Contract Administrator
Risk Manager
Compliance Officer
Property Investment Manager
Due Diligence Officer
Real Estate Business Development Manager
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