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Deed Of Sale With Special Power Of Attorney Template for New Zealand

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Key Requirements PROMPT example:

Deed Of Sale With Special Power Of Attorney

"I need a Deed of Sale with Special Power of Attorney for an overseas property investor purchasing a commercial building in Auckland, with the attorney having authority to handle all aspects of the purchase including due diligence and settlement scheduled for March 2025."

Document background
The Deed Of Sale With Special Power Of Attorney is a specialized legal instrument used in New Zealand when a property transaction requires one party to delegate authority to an appointed representative. This document is particularly valuable in situations where property owners or buyers cannot be physically present for the transaction, such as in international sales, or when parties need to authorize someone to handle various aspects of the property transfer on their behalf. The document combines the essential elements of a property sale agreement with the delegation of specific legal powers, ensuring compliance with New Zealand's Property Law Act 2007 and related legislation. It includes comprehensive details about the property, sale terms, and the exact scope of authority granted to the attorney, making it suitable for both residential and commercial property transactions.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including the Vendor, Purchaser, and the appointed Attorney

2. Background: Explains the context of the sale and the need for the power of attorney arrangement

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation principles

4. Sale and Purchase Agreement: Details the core agreement to sell and purchase the property, including the purchase price and payment terms

5. Property Description: Provides detailed description of the property being sold, including legal description and title references

6. Grant of Power of Attorney: Specifies the powers being granted to the attorney, including scope and duration

7. Attorney's Powers and Limitations: Detailed listing of specific powers granted and any limitations on those powers

8. Settlement and Transfer: Details the settlement process, timing, and transfer requirements

9. Warranties and Representations: Lists warranties given by both parties regarding the property and their authority

10. Costs and Taxes: Allocates responsibility for various costs and taxes associated with the transaction

11. Execution Requirements: Specifies how the deed must be executed, including witnessing requirements

Optional Sections

1. Conditions Precedent: Used when the sale is subject to specific conditions that must be met before completion

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

3. Property Inspection and Due Diligence: Included when specific inspection or due diligence rights are granted

4. Tenant Provisions: Required when the property is sold subject to existing tenancies

5. Environmental Matters: Included when there are specific environmental considerations or obligations

6. GST Provisions: Required when GST considerations need to be specifically addressed

7. Multiple Attorneys: Used when more than one attorney is appointed and their relationship needs to be defined

8. Revocation Provisions: Included when specific circumstances for power of attorney revocation need to be detailed

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including title information, boundaries, and improvements

2. Schedule 2 - Purchase Price and Payment Terms: Detailed breakdown of the purchase price and payment schedule

3. Schedule 3 - Attorney Powers: Comprehensive list of specific powers granted to the attorney

4. Schedule 4 - Warranties: Detailed list of warranties given by both parties

5. Appendix A - Property Plans and Drawings: Contains relevant plans, drawings, or maps of the property

6. Appendix B - Required Forms: Contains any statutory forms required for the power of attorney registration

7. Appendix C - Title Documents: Copies of relevant title documents and encumbrances

8. Appendix D - Consent Documents: Any required third-party consents or authorizations

Authors

Alex Denne

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

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Development

Legal Services

Banking and Finance

Construction

Property Investment

Agriculture (for rural properties)

Commercial Property

Residential Property

Foreign Investment

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Services

Contract Administration

Investment

Operations

Risk Management

International Business

Relevant Roles

Property Lawyer

Real Estate Agent

Conveyancing Lawyer

Property Manager

Legal Counsel

Corporate Lawyer

Property Development Manager

Investment Manager

Real Estate Broker

Settlement Agent

Compliance Officer

Property Administrator

Contract Manager

Legal 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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