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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."
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
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
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
Real Estate
Property Development
Legal Services
Banking & Finance
Property Management
Construction
Urban Planning
Property Investment
Commercial Property
Legal
Real Estate
Property Management
Conveyancing
Commercial Property
Compliance
Sales
Business Development
Finance
Risk Management
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
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