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Preliminary Sale Agreement for New Zealand

Preliminary Sale Agreement Template for New Zealand

A comprehensive preliminary agreement document governed by New Zealand law that establishes the initial terms and conditions for a property sale transaction. This document serves as a binding agreement between the vendor and purchaser, outlining key aspects such as property details, purchase price, due diligence requirements, and conditions precedent. It incorporates relevant provisions from New Zealand's property and contract law, including the Property Law Act 2007 and Contract and Commercial Law Act 2017, while providing a framework for progressing to the final sale and purchase agreement.

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Preliminary Sale Agreement

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What is a Preliminary Sale Agreement?

The Preliminary Sale Agreement is a fundamental document in New Zealand property transactions, serving as an intermediary step between initial property negotiations and the final sale agreement. This document is typically used when parties have reached agreement on key terms but require time for due diligence, finance arrangements, or other conditions to be met. The agreement incorporates essential elements required under New Zealand law, including property details, price, conditions, and timeframes, while providing protection for both parties during the preliminary phase of the transaction. It's particularly useful in complex property transactions where detailed due diligence is required or when parties need to formalize their commitment while working toward fulfilling certain conditions precedent to the final sale.

What sections should be included in a Preliminary Sale Agreement?

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

2. Background: Context of the transaction, including brief property description and parties' intention to enter into a preliminary agreement before the final sale

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation of important concepts and terminology

4. Property Details: Comprehensive description of the property including address, legal description, and any included fixtures and fittings

5. Purchase Price: Agreed purchase price and payment structure, including any deposits or installments

6. Due Diligence Period: Timeframe and conditions for the purchaser to conduct necessary investigations and research

7. Conditions Precedent: Essential conditions that must be satisfied before proceeding to final agreement

8. Deposit: Details of deposit amount, payment timing, and handling conditions

9. Timeframes: Key dates and deadlines including due diligence period, final agreement execution, and settlement

10. Obligations of the Parties: Key responsibilities of both vendor and purchaser during the preliminary agreement period

11. Default and Termination: Consequences of breach and circumstances allowing termination

12. Confidentiality: Requirements for maintaining confidentiality of the transaction and related information

13. Execution: Formal signing section including date and signature blocks for all parties

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

1. GST Provisions: Required when either party is GST registered or the transaction may have GST implications

2. Property Access: Include when specific arrangements are needed for property inspections or valuations

3. Vendor Warranties: Additional warranties beyond standard terms, particularly relevant for commercial properties

4. Agency Arrangements: Required when real estate agents are involved in the transaction

5. Special Conditions: Any unique requirements or conditions specific to the transaction

6. Overseas Investment: Required when purchaser is an overseas person under the Overseas Investment Act

7. Tenant Provisions: Include when the property is tenanted and includes ongoing lease arrangements

8. Body Corporate: Required for unit titles or apartments with body corporate arrangements

What schedules should be included in a Preliminary Sale Agreement?

1. Property Schedule: Detailed description of the property including title references, area, and boundaries

2. Chattels Schedule: Itemized list of included chattels and their condition

3. Due Diligence Checklist: List of investigations and documents required during due diligence

4. Payment Schedule: Detailed breakdown of payment terms and timing

5. Disclosure Schedule: Known issues or material facts about the property

6. Required Consents: List of necessary approvals or consents required before final agreement

Authors

Alex Denne

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

Jurisdiction

New Zealand

Cost

Free to use
Relevant legal definitions







































Clauses





































Relevant Industries

Real Estate

Commercial Property

Residential Property

Property Development

Construction

Banking and Finance

Legal Services

Property Management

Investment

Agriculture (for rural properties)

Retail (for commercial properties)

Hospitality (for commercial properties)

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Corporate Development

Investment

Operations

Due Diligence

Commercial

Sales

Business Development

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Property Manager

Commercial Property Manager

Investment Manager

Legal Counsel

Property Developer

Business Development Manager

Contract Manager

Compliance Officer

Risk Manager

Due Diligence Officer

Property Valuer

Corporate Lawyer

Transaction Manager

Industries








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