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Real Estate Contract
I need a real estate contract for the sale of a residential property in Auckland, including clauses for a 10% deposit, a 30-day settlement period, and a contingency for a satisfactory building inspection. The contract should also outline the responsibilities for property maintenance until the settlement date.
What is a Real Estate Contract?
A Real Estate Contract is a legally binding agreement between a property buyer and seller in New Zealand that spells out the terms of a property sale. It captures essential details like the purchase price, deposit amount, settlement date, and any special conditions that must be met before the sale goes through.
Under NZ law, these contracts must be in writing and follow the standard Agreement for Sale and Purchase form approved by the Real Estate Institute and Auckland District Law Society. The document protects both parties by clearly stating their rights and obligations, including what chattels (like appliances or curtains) are included, and how issues like building inspections or finance conditions will be handled.
When should you use a Real Estate Contract?
You need a Real Estate Contract the moment you decide to buy or sell property in New Zealand. This agreement becomes essential before any money changes hands - even before paying a deposit. It protects both parties by clearly documenting the deal's terms, from the basic sale price to specific conditions about property inspections or mortgage approvals.
Smart buyers and sellers get this contract in place early, particularly when dealing with unique property features, multiple offers, or special conditions like lease agreements or subdivisions. Using the standard REINZ form helps avoid disputes and ensures the agreement meets all legal requirements under NZ property law, making the settlement process smoother for everyone involved.
What are the different types of Real Estate Contract?
- Contract For Renting A House: Covers residential tenancy agreements, setting out terms between landlords and tenants
- Property Sharing Agreement: Details how multiple owners share property use, costs, and responsibilities
- Estate Agent Contract: Establishes the relationship between property seller and real estate agent
- Property Co Ownership Agreement: Outlines rights and obligations when multiple parties jointly own property
- Finders Fee Agreement: Specifies compensation terms for someone who helps locate suitable property
Who should typically use a Real Estate Contract?
- Property Buyers and Sellers: The main parties to a Real Estate Contract, they negotiate terms and sign the agreement to transfer ownership
- Real Estate Agents: Facilitate the sale process, prepare initial contract drafts using standard REINZ forms, and help explain terms to clients
- Property Lawyers: Review and modify contracts, conduct title searches, handle settlement processes, and ensure legal compliance
- Banks and Lenders: Review contracts when providing mortgages and ensure their security interests are protected
- Building Inspectors: Often referenced in conditions for conducting property assessments before final contract confirmation
How do you write a Real Estate Contract?
- Property Details: Gather the exact address, title references, and land area from the Certificate of Title
- Price and Payment: Confirm the agreed purchase price, deposit amount, and payment schedule
- Party Information: Collect full legal names, addresses, and contact details for all buyers and sellers
- Special Conditions: List any finance, building inspection, or LIM report requirements
- Chattels List: Document all fixtures and fittings included in the sale
- Settlement Date: Agree on the possession date and any pre-settlement inspection arrangements
- Documentation: Use our platform to generate a legally compliant REINZ-approved agreement that includes all essential elements
What should be included in a Real Estate Contract?
- Party Details: Full legal names and addresses of all buyers, sellers, and their lawyers
- Property Description: Legal title reference, physical address, and boundaries as per Certificate of Title
- Purchase Terms: Agreed price, deposit amount, payment method, and settlement date
- Conditions: Finance approval, building inspection, and LIM report requirements with clear timeframes
- Chattels List: Detailed inventory of all items included or excluded from sale
- Default Provisions: Consequences and remedies if either party breaches the agreement
- Execution Block: Signature spaces for all parties, with witness requirements per NZ law
- GST Status: Clear statement of GST registration and tax implications
What's the difference between a Real Estate Contract and a Contract to Sell?
A Real Estate Contract differs significantly from a Contract to Sell in several key ways, though they're often confused. While both relate to property transactions, their timing, legal effect, and purpose are quite different.
- Legal Effect: A Real Estate Contract transfers actual property ownership upon settlement, while a Contract to Sell only creates a promise to sell in the future
- Property Rights: Real Estate Contracts immediately create equitable interests in the property; Contracts to Sell don't transfer any property rights until converted to a full sale agreement
- Conditions and Terms: Real Estate Contracts include comprehensive settlement procedures and detailed property specifics; Contracts to Sell typically outline basic terms for a future sale
- Documentation Required: Real Estate Contracts need complete title details and REINZ-approved forms; Contracts to Sell can be simpler agreements outlining future intentions
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