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Assignable Real Estate Contract
"I need an Assignable Real Estate Contract for a commercial property development in Auckland, where I plan to purchase a warehouse property by March 2025 with the ability to assign the purchase rights to up to three different development companies before settlement."
1. Parties: Identifies and defines all parties to the contract including the Vendor, Purchaser, and potential Assignee
2. Background: Sets out the context of the transaction and the parties' intention to create an assignable contract
3. Definitions: Defines key terms used throughout the agreement, including property-specific and assignment-related terminology
4. Property Details: Comprehensive description of the property including legal description, title references, and included fixtures/fittings
5. Purchase Price: Specifies the purchase price, payment terms, and deposit requirements
6. Assignment Rights: Details the right to assign the contract, conditions for assignment, and notification requirements
7. Settlement and Possession: Specifies settlement date, possession arrangements, and key deadlines
8. Title and Transfer: Addresses title requirements, transfer processes, and any title encumbrances
9. Conditions: Lists standard conditions precedent including due diligence, finance, and title review
10. Warranties: Vendor warranties regarding the property and assignment-specific warranties
11. Default and Remedies: Consequences of default and available remedies for both original and assigned contracts
12. General Terms: Standard contract terms including notices, governing law, and dispute resolution
1. Tenant Rights and Obligations: Required if property is currently tenanted, addressing existing tenancy agreements
2. GST Provisions: Required if either party is GST-registered or if property is part of a taxable activity
3. Overseas Investment Provisions: Required if potential assignees might include overseas persons
4. Development Provisions: Required if property has development potential or pending consents
5. Body Corporate: Required for units under Unit Titles Act, including body corporate rules and obligations
6. Resource Management Compliance: Required if property has specific resource consent requirements or limitations
7. Chattels Lease: Required if any chattels are subject to lease arrangements
8. Builder's Report Condition: Optional condition for residential properties requiring building inspection
1. Schedule 1: Property Details: Detailed property description, certificate of title, and legal boundaries
2. Schedule 2: Chattels List: Comprehensive list of chattels included/excluded in the sale
3. Schedule 3: Required Documents: List of documents required for settlement and assignment
4. Schedule 4: Special Conditions: Any special conditions specific to the property or transaction
5. Schedule 5: Assignment Form: Template form for executing assignment of the contract
6. Appendix A: LIM Report: Land Information Memorandum report details
7. Appendix B: Title Documents: Copies of title documents and registered encumbrances
8. Appendix C: Property Plans: Property plans, boundaries, and building layouts
Authors
Real Estate
Property Development
Construction
Legal Services
Banking and Finance
Property Investment
Property Management
Commercial Property
Residential Property
Legal
Real Estate
Property Management
Investment
Commercial
Compliance
Risk Management
Operations
Acquisitions
Due Diligence
Real Estate Agent
Property Lawyer
Conveyancing Lawyer
Property Developer
Investment Manager
Legal Counsel
Property Manager
Commercial Director
Contracts Manager
Real Estate Broker
Property Investment Advisor
Settlement Officer
Real Estate Transaction Coordinator
Due Diligence Officer
Property Portfolio Manager
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