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Deed Of Sale With Attorney In Fact

Deed Of Sale With Attorney In Fact Template for New Zealand

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Key Requirements PROMPT example:

Deed Of Sale With Attorney In Fact

"I need a Deed of Sale with Attorney in Fact for selling my commercial warehouse in Auckland, as I'm based in Singapore and appointing my New Zealand-based business partner to handle the sale, which is scheduled to complete by March 2025."

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Document background
The Deed of Sale With Attorney in Fact is a specialized legal instrument used in New Zealand when a property owner cannot personally execute a sale transaction and has appointed a representative to act on their behalf. This document is commonly used in situations where the vendor is overseas, incapacitated, or otherwise unable to personally attend to the sale. It combines the formal requirements of a property sale agreement with specific provisions required under New Zealand's Powers of Attorney Act 1977 and Property Law Act 2007. The deed must include comprehensive details about the attorney's authority, the property being sold, all sale terms, and meet strict execution requirements. It's particularly important that the document clearly establishes the attorney's authority and includes proper attestation clauses to ensure validity under New Zealand law.
Suggested Sections

1. Parties: Identifies the Vendor (including attorney in fact details), Purchaser, and their respective addresses

2. Background: Recitals explaining the context of the sale and the power of attorney appointment

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Power of Attorney Confirmation: Details of the Power of Attorney appointment and confirmation of authority

5. Sale and Purchase Agreement: Core terms of the sale including property description and purchase price

6. Payment Terms: Details of payment structure, timing, and method

7. Settlement and Possession: Terms regarding completion of sale and transfer of possession

8. Vendor's Warranties: Warranties regarding property title, encumbrances, and authority to sell

9. Risk and Insurance: Provisions regarding property risk transfer and insurance requirements

10. Default and Remedies: Consequences of default and available remedies

11. Execution: Formal execution blocks including attorney attestation requirements

Optional Sections

1. Chattels: List and conditions of any chattels included in the sale

2. Tenancies: Details of existing tenancies if property is subject to lease agreements

3. GST Provisions: Required if either party is GST registered or transaction is subject to GST

4. Due Diligence: Conditions for property inspection and verification if settlement is not immediate

5. Resource Management Compliance: Required for properties with specific zoning or resource consent requirements

6. Body Corporate: Required for unit title properties including body corporate rules and obligations

7. Overseas Investment Provisions: Required if purchaser is an overseas person under NZ law

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property including title references

2. Schedule 2 - Power of Attorney: Copy of the Power of Attorney document

3. Schedule 3 - Purchase Price Breakdown: Itemized breakdown of purchase price including deposits and adjustments

4. Schedule 4 - Chattels List: Detailed inventory of chattels included in the sale

5. Schedule 5 - Special Conditions: Any special terms or conditions specific to the transaction

6. Appendix A - Title Documents: Copies of relevant title documents and encumbrances

7. Appendix B - Property Information: Additional property information including LIM report references and compliance documents

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions





























Clauses



























Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Property Investment

Construction

Agriculture (for rural properties)

Commercial Property

Residential Property

Retail Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Secretariat

Risk Management

Operations

Documentation

Finance

Client Services

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Legal Counsel

Conveyancing Manager

Property Development Manager

Estate Manager

Company Secretary

Compliance Officer

Real Estate Transaction Coordinator

Property Portfolio Manager

Power of Attorney Administrator

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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