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Agreement Of Sale And General Power Of Attorney
"I need an Agreement of Sale and General Power of Attorney for selling my Auckland commercial property while I'm overseas, with settlement scheduled for March 2025; the document should grant my attorney authority to handle all aspects of the property transfer and post-sale matters."
1. Parties: Identification of all parties involved, including the seller, buyer, and the appointed attorney
2. Background: Context of the agreement, including the seller's ownership of the asset(s) and intention to sell, and the need for power of attorney
3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation
4. Sale and Purchase: Core terms of the sale including the asset(s) being sold, purchase price, and payment terms
5. Grant of Power of Attorney: Explicit grant of power of attorney, including scope and duration of the authority
6. Attorney's Powers: Detailed specification of the powers being granted to the attorney
7. Attorney's Duties and Obligations: Legal obligations and duties of the attorney in exercising their powers
8. Completion and Settlement: Process and requirements for completing the sale transaction
9. Representations and Warranties: Warranties given by both parties regarding the sale and power of attorney
10. Liability and Indemnification: Provisions regarding liability and indemnification for both the sale and attorney's actions
11. Termination: Circumstances under which the agreement and/or power of attorney may be terminated
12. General Provisions: Standard contractual provisions including notices, governing law, and dispute resolution
1. Due Diligence: Optional section for complex sales requiring specific due diligence processes
2. Conditions Precedent: Include when there are specific conditions that must be met before completion
3. Intellectual Property: Required when the sale involves intellectual property assets
4. Employee Matters: Include when the sale involves a business with employees
5. Tax Matters: Include when specific tax considerations need to be addressed
6. Environmental Matters: Required when the sale involves property with potential environmental concerns
7. Transitional Arrangements: Include when ongoing support or transition period is required post-sale
8. Foreign Investment Provisions: Required when the buyer is a foreign entity
1. Schedule 1 - Asset Description: Detailed description of all assets included in the sale
2. Schedule 2 - Purchase Price and Payment Terms: Detailed breakdown of the purchase price and payment structure
3. Schedule 3 - Specific Powers Granted: Comprehensive list of specific powers granted to the attorney
4. Schedule 4 - Form of Transfer Documents: Templates of all transfer documents required for the sale
5. Schedule 5 - Warranties: Detailed warranties given by the seller regarding the assets
6. Appendix A - Property Certificates: Copies of relevant property certificates and titles
7. Appendix B - Due Diligence Results: Summary of due diligence findings if applicable
8. Appendix C - Required Consents: Copies of all required third-party consents and approvals
Authors
Real Estate
Commercial Property
Retail
Manufacturing
Professional Services
Agriculture
Construction
Healthcare
Hospitality
Technology
Transport and Logistics
Legal
Corporate Affairs
Real Estate
Operations
Compliance
Business Development
Property Management
Contract Administration
Risk Management
Commercial
Chief Executive Officer
Managing Director
Business Owner
Property Manager
Legal Counsel
Corporate Lawyer
Real Estate Manager
Operations Director
Property Developer
Commercial Director
Business Development Manager
Contract Manager
Company Secretary
Compliance Officer
Asset Manager
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