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Real Estate Sales Purchase Agreement New Zealand

28 lutego, 2022

When it comes to buying or selling a property in New Zealand, one of the most important documents you will encounter is a Real Estate Sales and Purchase Agreement. This legally binding agreement outlines the terms and conditions of the sale, including the purchase price, settlement date, and any special conditions.

As a buyer, it is crucial that you carefully review the agreement to ensure that it meets your needs and protects your interests. You may want to seek legal advice before signing the agreement, especially if it contains complex terms or conditions that you do not fully understand.

Similarly, as a seller, you should ensure that the agreement accurately reflects your expectations and any specific conditions of the sale, such as repairs or improvements that must be made prior to settlement.

In New Zealand, the Real Estate Agents Authority (REAA) has developed a standard form of Sales and Purchase Agreement that is widely used by real estate agents. This form includes detailed clauses covering a range of issues, including title and ownership, chattels, warranties, and insurance.

However, it is important to note that this standard form is not mandatory and may be modified or supplemented by additional clauses if agreed to by both parties.

One important consideration for both buyers and sellers is the inclusion of a finance clause in the agreement. This clause allows the buyer to withdraw from the agreement if they are unable to secure financing for the purchase, providing a crucial safety net in case of unforeseen financial difficulties.

Other important clauses to consider include those relating to building inspections, settlement dates, and any outstanding debts or encumbrances on the property.

In summary, a Real Estate Sales and Purchase Agreement is a crucial document in any property sale in New Zealand. It is essential that both buyers and sellers carefully review and understand the agreement before signing, and seek legal advice if necessary. By doing so, you can protect your interests and ensure a smooth and successful property transaction.

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