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Deed Of Variation House Sale Template for New Zealand

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Key Requirements PROMPT example:

Deed Of Variation House Sale

"I need a Deed of Variation House Sale to extend the settlement date from March 15, 2025, to May 1, 2025, due to delays in obtaining mortgage approval, with all other terms of the original sale agreement remaining unchanged."

Document background
A Deed of Variation House Sale is a crucial legal instrument in New Zealand's property transaction framework, used when parties need to modify terms in an existing property sale agreement without creating an entirely new contract. This document becomes necessary when circumstances change after the original agreement is signed but before settlement, such as altered settlement dates, price adjustments, or modification of special conditions. The deed must comply with New Zealand's Property Law Act 2007 and follow strict formal requirements for property transactions. It's particularly important in the current property market where changing circumstances, financing conditions, or property-related issues might necessitate amendments to the original agreement. The document typically includes details of the original agreement, specific variations being made, and requires formal execution by all parties with appropriate witnessing.
Suggested Sections

1. Parties: Identifies all parties to the deed, including the original vendor and purchaser

2. Background: Recitals explaining the original agreement, reason for variation, and intention of the parties

3. Definitions: Defines key terms used in the deed, including references to the original agreement

4. Interpretation: Sets out rules for interpreting the deed, including relationship with original agreement

5. Variation: Clearly specifies the exact changes being made to the original agreement

6. Confirmation: Confirms that all other terms of the original agreement remain unchanged

7. Costs: Specifies who bears the costs of preparing and executing the deed

8. Execution: Formal execution block for all parties to sign, with witness provisions

Optional Sections

1. GST Provisions: Required when the variation affects the GST treatment or amount of the transaction

2. Settlement Adjustments: Needed when the variation affects settlement amounts or calculations

3. Conditions Precedent: Include when the variation is subject to certain conditions being met

4. Further Assurance: Optional clause requiring parties to do all things necessary to give effect to the variation

5. Time of the Essence: Include when strict compliance with timeframes is critical

6. Real Estate Agent Commission: Required if the variation affects any agent commission arrangements

Suggested Schedules

1. Schedule 1 - Original Agreement: Copy or reference to the original sale and purchase agreement

2. Schedule 2 - Varied Terms: Detailed list of specific terms being varied, showing both original and new versions

3. Schedule 3 - Property Details: Updated property details if affected by the variation

4. Appendix A - Consent Documents: Any third-party consents required for the variation

5. Appendix B - Supporting Documents: Any relevant supporting documentation referenced in the variation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Banking and Finance

Property Development

Construction

Property Management

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Compliance

Sales

Finance

Operations

Risk Management

Customer Service

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Legal Executive

Property Manager

Mortgage Broker

Bank Manager

Property Developer

Contract Administrator

Legal Counsel

Settlement Officer

Compliance Officer

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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