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Presale Agreement
"I need a Presale Agreement for a 20-unit residential apartment development in Auckland, New Zealand, with construction completion expected by March 2025, including specific clauses for progress payments and sunset provisions."
1. Parties: Identifies and provides full details of the buyer(s) and seller(s)
2. Background: Explains the context of the agreement and the intention to sell/purchase the property
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Property Details: Comprehensive description of the property being sold, including legal description and title details
5. Purchase Price: Specifies the purchase price, deposit requirements, and payment structure
6. Deposit: Details of deposit amount, payment timing, and holding arrangements
7. Conditions Precedent: Lists conditions that must be satisfied before the agreement becomes unconditional
8. Due Diligence: Buyer's rights and timeframes for conducting property investigations
9. Settlement and Completion: Requirements and procedures for completing the sale
10. Risk and Insurance: Allocation of risk and insurance requirements until settlement
11. Default: Consequences and remedies for breach of agreement by either party
12. General Provisions: Standard contract clauses including notices, amendments, governing law
1. Development Provisions: Required when property is under construction or part of a development project
2. Sunset Clause: Used when there's a need to specify a final date by which the sale must complete
3. Property Maintenance: Included when specific maintenance obligations need to be outlined pre-settlement
4. Tenant Provisions: Required when the property is sold with existing tenants
5. GST Provisions: Included when either party is GST registered or the transaction involves GST
6. Mortgage Finance: Used when the agreement is conditional upon the buyer obtaining mortgage finance
7. Body Corporate: Required for unit title properties to address body corporate matters
1. Property Schedule: Detailed description of property, including boundaries, improvements, and included chattels
2. Payment Schedule: Breakdown of payment structure, including deposit and progress payments if applicable
3. Plans and Specifications: For properties under construction, detailed building plans and specifications
4. Title Documents: Copy of title and relevant registered documents
5. Due Diligence Checklist: List of investigations and confirmations required during due diligence
6. Warranties: Specific warranties provided by the seller regarding the property
7. Property Disclosure Statement: Seller's disclosures about property condition and known issues
Authors
Real Estate
Property Development
Construction
Legal Services
Financial Services
Property Investment
Residential Property
Commercial Property
Legal
Real Estate
Property Development
Sales
Compliance
Finance
Construction
Project Management
Investment
Operations
Property Developer
Real Estate Agent
Property Lawyer
Conveyancing Lawyer
Property Manager
Development Manager
Sales Manager
Legal Counsel
Contract Manager
Property Investment Advisor
Financial Advisor
Mortgage Broker
Project Manager
Construction Manager
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