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Contract To Sell House By Owner for New Zealand

Contract To Sell House By Owner Template for New Zealand

A comprehensive legal agreement used in New Zealand for private property sales without real estate agent involvement. This document outlines the terms and conditions for the sale and purchase of residential property, ensuring compliance with New Zealand property law, including the Property Law Act 2007 and Land Transfer Act 2017. It covers essential elements such as property details, purchase price, settlement terms, warranties, and conditions precedent, while incorporating necessary provisions for title transfer and settlement procedures specific to New Zealand's property transfer system.

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What is a Contract To Sell House By Owner?

The Contract To Sell House By Owner is a specialized legal document designed for New Zealand property owners who choose to sell their residential property without engaging a real estate agent. This document becomes essential when property owners opt for a private sale, potentially saving on agent commissions while maintaining legal compliance. It integrates requirements from key New Zealand legislation including the Property Law Act 2007, Land Transfer Act 2017, and relevant consumer protection laws. The contract includes comprehensive sections covering property details, price, settlement terms, warranties, and specific conditions, ensuring both parties' interests are protected. It's particularly relevant in the current property market where private sales are becoming more common, though users should consider seeking legal advice to ensure all requirements are met.

What sections should be included in a Contract To Sell House By Owner?

1. Parties: Identification of the seller and purchaser with full legal names and addresses

2. Background: Context of the sale, including brief property description and intention to transfer ownership

3. Definitions: Key terms used throughout the agreement defined for clarity

4. Property Details: Complete legal description of the property including title details and physical address

5. Purchase Price: Agreed purchase price and payment structure, including deposit details

6. Settlement and Possession: Settlement date, key deadlines, and possession arrangements

7. Property Transfer: Process and obligations for transferring title and ownership

8. Seller's Warranties: Warranties about property ownership, condition, and disclosed issues

9. Purchaser's Warranties: Warranties about financial capacity and compliance with legal requirements

10. Conditions: Standard conditions that must be met for the sale to proceed

11. Risk and Insurance: Responsibility for property risk and insurance requirements until settlement

12. Default: Consequences and remedies if either party defaults on their obligations

13. General Provisions: Standard legal provisions including notices, amendments, and governing law

14. Execution: Signing provisions and date of agreement

What sections are optional to include in a Contract To Sell House By Owner?

1. Chattels: Detailed section listing included/excluded chattels when specific items need to be clearly identified

2. Tenancy Provisions: Required when the property is sold with existing tenants, detailing arrangements and obligations

3. GST: Required when either party is GST-registered or the transaction has GST implications

4. Land Covenants: Required when the property is subject to specific land covenants or restrictions

5. Body Corporate: Required for apartments or units under body corporate management

6. Construction Warranties: Required for newly built properties or recent renovations with ongoing warranties

7. Overseas Investment: Required when purchaser is an overseas person under the Overseas Investment Act

8. Vendor Finance: Required when seller is providing any form of finance to the purchaser

What schedules should be included in a Contract To Sell House By Owner?

1. Schedule 1: Property Details: Detailed property description, including title references and legal boundaries

2. Schedule 2: Included Chattels: Comprehensive list of all chattels included in the sale

3. Schedule 3: Property Disclosure: Detailed disclosure of known defects, issues, or material facts about the property

4. Schedule 4: Special Conditions: Any special conditions agreed between the parties

5. Appendix A: Title Documents: Copy of current title and relevant registered documents

6. Appendix B: LIM Report: Land Information Memorandum report if obtained

7. Appendix C: Building Reports: Any building inspection reports or certificates

8. Appendix D: Property Plans: Floor plans, site plans, and any relevant architectural drawings

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Sales Agreement

Sector

Sales

Cost

Free to use
Relevant legal definitions



































Clauses



































Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Construction

Property Management

Insurance

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Risk Management

Compliance

Finance

Operations

Customer Service

Document Management

Relevant Roles

Property Owner

Home Owner

Property Investor

Property Lawyer

Conveyancing Lawyer

Legal Counsel

Property Manager

Real Estate Professional

Banking Officer

Mortgage Specialist

Property Developer

Construction Manager

Insurance Broker

Financial Advisor

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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