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Real Estate Settlement Agreement
"I need a Real Estate Settlement Agreement for a residential property purchase in Auckland, New Zealand, with settlement scheduled for March 15, 2025, including provisions for existing tenants who will remain in the property post-settlement."
1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and roles (vendor/purchaser)
2. Background: Outlines the context of the settlement, including reference to the original sale and purchase agreement, and any relevant disputes or issues being settled
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Settlement Terms: Details the core settlement arrangements, including settlement date, purchase price, and payment terms
5. Property Details: Specific description of the property including legal description, title references, and included fixtures/fittings
6. Settlement Obligations: Lists specific obligations of each party before, during, and after settlement
7. Title and Transfer Requirements: Specifies requirements for clear title and the transfer process
8. Adjustments and Apportionments: Details how rates, insurance, and other ongoing costs will be apportioned
9. Conditions Precedent: Lists any conditions that must be satisfied before settlement can occur
10. Default and Remedies: Specifies consequences and available remedies if either party defaults
11. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause
12. Execution: Formal signing section including witness requirements
1. Tenant Provisions: Required when the property has existing tenants, addressing handover of bonds and tenancy agreements
2. Body Corporate Matters: Needed for unit title properties, addressing body corporate rules and obligations
3. GST Provisions: Required when either party is GST-registered or the transaction has GST implications
4. Overseas Investment Provisions: Required when the purchaser is an overseas person under the Overseas Investment Act
5. Remediation Works: Needed when settlement involves agreement on repairs or modifications to the property
6. Resource Consent Matters: Required when there are ongoing resource consent issues or requirements
7. Mortgage Discharge: Needed when there are existing mortgages to be discharged
8. Commission Arrangements: Required when there are real estate agent commission matters to be settled
9. Vendor Warranties: Optional additional warranties beyond standard requirements
10. Post-Settlement Access: Required when vendor needs access after settlement for removing items or completing works
1. Property Schedule: Detailed description of the property including title details, easements, and encumbrances
2. Settlement Statement: Detailed financial statement showing purchase price adjustments and final settlement figures
3. Chattels Inventory: List of all chattels included or excluded from the sale
4. Outstanding Works Schedule: Details of any works to be completed before or after settlement
5. Required Documents: List of all documents required for settlement and their status
6. Keys and Access Devices: Inventory of all keys, security codes, and access devices
7. Tenancy Schedule: Details of existing tenancies including terms and current rental payments
8. Insurance Schedule: Details of insurance policies and arrangements for transfer or termination
9. Body Corporate Information: Relevant body corporate documents and information for unit title properties
10. Condition Report: Current condition of the property and any agreed repairs or maintenance
Authors
Real Estate
Property Development
Legal Services
Banking and Finance
Property Management
Construction
Property Investment
Residential Property
Commercial Property
Professional Services
Legal
Real Estate
Conveyancing
Property Management
Settlements
Compliance
Due Diligence
Property Development
Sales
Finance
Property Lawyer
Real Estate Agent
Conveyancing Specialist
Property Manager
Settlement Officer
Legal Executive
Bank Manager
Mortgage Broker
Property Developer
Real Estate Partner
Compliance Officer
Property Consultant
Title Officer
Due Diligence Specialist
Real Estate Transaction Coordinator
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