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Memorandum (Real Estate) Template for New Zealand

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Key Requirements PROMPT example:

Memorandum (Real Estate)

"I need a Real Estate Memorandum for the purchase of a commercial property in Auckland CBD with existing tenants, where settlement is planned for March 2025 and special provisions are needed for body corporate arrangements and tenant transition."

Document background
The Real Estate Memorandum (Real Estate) is a fundamental document in New Zealand property transactions, designed to capture and formalize the agreed terms between parties involved in property transfers. This document is typically prepared following initial negotiations and before the final sale and purchase agreement is executed. It serves as a comprehensive record of the transaction's key elements, including property details, price, settlement terms, and conditions precedent. The memorandum must comply with New Zealand's property law framework, including the Property Law Act 2007, Land Transfer Act 2017, and relevant real estate regulations. It is particularly important in complex property transactions where detailed terms need to be documented and agreed upon before proceeding to formal contracts. The document provides a crucial reference point for all parties and their advisors throughout the transaction process.
Suggested Sections

1. Parties: Full legal names and details of all parties involved in the transaction

2. Background: Context of the transaction and brief history of the property

3. Definitions: Key terms used throughout the memorandum

4. Property Details: Comprehensive description of the property including legal description, title references, and physical address

5. Purchase Price: Agreed purchase price and payment terms

6. Deposit: Details of deposit amount, payment timing, and holding arrangements

7. Settlement: Settlement date, time, and process requirements

8. Title and Transfer: Conditions regarding title transfer and registration

9. Property Inspection: Terms regarding property inspection rights and timing

10. Due Diligence: Standard due diligence conditions and timeframes

11. Warranties: Standard warranties provided by the vendor

12. Default: Consequences of default by either party

13. Notices: How formal notices between parties should be given

14. Execution: Signing requirements and execution provisions

Optional Sections

1. Tenancies: Required if the property is sold with existing tenants, detailing lease arrangements

2. Chattels: Required if specific chattels are included in the sale

3. GST: Required if GST is applicable to the transaction

4. Building Report: Optional condition for obtaining a satisfactory building inspection report

5. Finance: Required if the purchase is subject to finance approval

6. Resource Consent: Required if the property requires specific resource consents or has pending applications

7. Body Corporate: Required for unit title properties, including body corporate rules and obligations

8. Overseas Investment: Required if the purchaser is an overseas person under the Overseas Investment Act

Suggested Schedules

1. Property Schedule: Detailed description of the property including boundaries, improvements, and legal identifiers

2. Chattels Schedule: Itemized list of all chattels included in the sale

3. Tenancy Schedule: Details of existing tenancies including terms, rents, and bond information

4. Special Conditions: Any special conditions agreed between the parties

5. Title Documents: Copy of the current title and relevant instruments

6. LIM Report: Land Information Memorandum report from the local council

7. Property Inspection Report: Results of any property inspections conducted

8. Body Corporate Documents: Relevant body corporate rules, minutes, and financial statements if applicable

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

Legal Services

Banking & Finance

Property Management

Construction

Urban Planning

Property Investment

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Commercial Property

Compliance

Sales

Business Development

Finance

Risk Management

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Specialist

Property Manager

Commercial Property Manager

Legal Counsel

Property Development Manager

Real Estate Partner

Banking Relationship Manager

Mortgage Specialist

Property Investment Advisor

Settlement Officer

Real Estate Transaction Coordinator

Property Compliance 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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