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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."
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
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
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
Real Estate
Property Development
Construction
Legal Services
Banking and Finance
Insurance
Property Management
Urban Planning
Construction Inspection
Property Investment
Legal
Property Management
Compliance
Finance
Risk Management
Operations
Administration
Document Control
Real Estate
Settlements
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
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