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For Sale By Owner Real Estate Contract Form Template for New Zealand

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Key Requirements PROMPT example:

For Sale By Owner Real Estate Contract Form

"I need a For Sale By Owner Real Estate Contract Form for selling my Auckland residential property with existing tenants, where settlement needs to occur by March 2025, and the contract must include special provisions for a large collection of built-in furniture that will be included in the sale."

Document background
The For Sale By Owner Real Estate Contract Form is designed for use in New Zealand property transactions where the seller chooses to sell their property privately without engaging a real estate agent. This document is essential for ensuring that private property sales comply with New Zealand legal requirements while protecting both parties' interests. It incorporates all necessary elements required by New Zealand property law, including provisions from the Property Law Act 2007, Land Transfer Act 2017, and other relevant legislation. The contract is typically used when property owners want to maintain direct control over the sale process while saving on agent commissions, but still require a legally robust agreement. It includes comprehensive sections covering property details, payment terms, conditions of sale, warranties, and settlement procedures, making it suitable for both residential and commercial property transactions in New Zealand.
Suggested Sections

1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and contact information

2. Background: Brief context of the sale and confirmation that the seller owns the property and wishes to sell to the purchaser

3. Definitions: Key terms used throughout the agreement, including Property, Settlement Date, Purchase Price, Deposit, etc.

4. Property Details: Full legal description of the property, including title details, physical address, and land area

5. Purchase Price: The agreed purchase price, deposit amount, and payment terms

6. Deposit: Details of the deposit amount, when it must be paid, and how it will be held

7. Settlement: Settlement date, time, and process, including requirements for payment and property transfer

8. Title and Transfer: Conditions regarding title transfer, including requirements for clear title and registration process

9. Property Inspection: Buyer's right to inspect the property before settlement and conditions around inspection

10. Warranties and Representations: Seller's warranties about the property's condition and any disclosed issues

11. Risk and Insurance: When risk passes to the purchaser and requirements for insurance

12. Default: Consequences of default by either party and remedies available

13. General Provisions: Standard contract terms including notices, amendments, governing law, etc.

14. Execution: Signing provisions and date of agreement

Optional Sections

1. Chattels: List of moveable items included or excluded from the sale - used when specific items need to be detailed

2. Tenancies: Details of existing tenancies - required if the property is sold with tenants in place

3. GST: GST provisions - required if either party is GST registered or if the transaction is subject to GST

4. Due Diligence: Specific conditions for buyer's due diligence - used when buyer requires investigation period

5. Finance Condition: Details of any finance conditions - used when purchase is subject to buyer obtaining finance

6. Building Report: Conditions relating to building inspection - used when purchase is subject to satisfactory building report

7. Sale of Purchaser's Property: Conditions relating to sale of buyer's existing property - used when purchase is conditional on another sale

8. Resource Consent: Details of any required resource consents - used for properties requiring specific permissions

9. Body Corporate: Body corporate details and obligations - required for apartments or units

10. Overseas Investment: Overseas Investment Office approval conditions - required for foreign buyers

Suggested Schedules

1. Schedule 1 - Property Details: Detailed legal description of the property, including title references and survey information

2. Schedule 2 - Chattels List: Comprehensive list of all chattels included and excluded from the sale

3. Schedule 3 - Special Conditions: Any special conditions agreed between the parties

4. Schedule 4 - Warranties: Detailed warranties provided by the seller regarding the property

5. Appendix A - LIM Report: Land Information Memorandum report from the local council

6. Appendix B - Title Documents: Copy of certificate of title and relevant encumbrances

7. Appendix C - Property Plans: Floor plans, site plans, and other relevant property drawings

8. Appendix D - Building Report: If obtained, the building inspection report

9. Appendix E - Rental Information: If applicable, current tenancy agreements and rental information

10. Appendix F - Compliance Documents: Relevant permits, consents, and compliance certificates

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

Property Development

Construction

Legal Services

Banking and Finance

Insurance

Property Management

Urban Planning

Construction Inspection

Property Investment

Relevant Teams

Legal

Property Management

Compliance

Finance

Risk Management

Operations

Administration

Document Control

Real Estate

Settlements

Relevant Roles

Property Owner

Property Developer

Conveyancing Lawyer

Legal Counsel

Property Manager

Financial Advisor

Mortgage Broker

Property Investor

Building Inspector

Valuation Specialist

Compliance Officer

Real Estate Consultant

Property Administrator

Title Officer

Settlement 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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