The Real Estate Letter of Intent is a crucial preliminary document in New Zealand property transactions, commonly used when a potential buyer wishes to formally express their interest in purchasing a property while maintaining flexibility for negotiation. This document is particularly valuable in complex commercial real estate transactions where detailed due diligence is required before proceeding to a binding agreement. While not legally binding in its entirety, the Letter of Intent typically includes certain enforceable provisions such as confidentiality and exclusivity periods. It serves as a roadmap for the transaction, outlining key commercial terms, conditions, and timelines that will form the basis of the final sale and purchase agreement. The document must comply with New Zealand property law requirements and commercial practices, making it an essential tool in property negotiations and transactions.
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1. Date and Parties: Full legal names and addresses of both the potential purchaser and property owner
2. Property Identification: Detailed description of the subject property including legal description, street address, and any included fixtures or fittings
3. Purchase Price: Proposed purchase price and any price adjustment mechanisms
4. Payment Terms: Proposed payment structure, including deposits and funding arrangements
5. Due Diligence: Proposed duration and scope of due diligence period
6. Timeline: Proposed timeline for negotiation, due diligence, and completion of the transaction
7. Conditions: Key conditions that would need to be satisfied before proceeding with the transaction
8. Exclusivity: Any proposed exclusive negotiation period
9. Non-Binding Nature: Clear statement that the LOI is non-binding except for specific provisions
10. Execution: Signature blocks for all parties
1. Confidentiality: Used when parties want to include binding confidentiality provisions regarding the proposed transaction
2. Costs: Used when parties want to specify who bears the costs of due diligence and transaction expenses
3. Break Fee: Used when parties want to include a break fee if either party withdraws from negotiations
4. Property Access: Used when specific arrangements for property inspection and access during due diligence need to be detailed
5. Broker/Agent Details: Used when real estate agents or brokers are involved in the transaction
6. Development Intentions: Used when the purchaser has specific development plans for the property that are material to the transaction
1. Property Details Schedule: Detailed description of the property including boundaries, improvements, and current leases if any
2. Due Diligence Requirements: List of specific due diligence items required by the purchaser
3. Key Milestones: Timeline of key dates and deadlines for the proposed transaction
4. Preliminary Terms Sheet: Summary of key commercial terms proposed for the final agreement
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Real Estate
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Due Diligence
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Real Estate Investment Analyst
Development Director
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