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Real Estate Settlement Agreement Template for New Zealand

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Key Requirements PROMPT example:

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."

Document background
The Real Estate Settlement Agreement is a crucial document used in New Zealand property transactions to formalize the final stage of a property transfer. This agreement is typically prepared after the initial Sale and Purchase Agreement has been signed and when parties are ready to proceed to settlement. It addresses specific settlement requirements under New Zealand law, including provisions required by the Property Law Act 2007 and Land Transfer Act 2017. The document covers essential elements such as final payment details, property handover arrangements, outstanding conditions, and resolution of any issues identified during the pre-settlement period. It's particularly important for complex transactions where additional terms need to be negotiated or when there are specific conditions that must be met before settlement can occur. The agreement ensures all parties have clarity on their obligations and protects their interests during the final stages of the property transfer.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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







































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Relevant Industries

Real Estate

Property Development

Legal Services

Banking and Finance

Property Management

Construction

Property Investment

Residential Property

Commercial Property

Professional Services

Relevant Teams

Legal

Real Estate

Conveyancing

Property Management

Settlements

Compliance

Due Diligence

Property Development

Sales

Finance

Relevant Roles

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

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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