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Short Sale Agreement
"I need a Short Sale Agreement for a residential property in Auckland, New Zealand, with a completion date of March 15, 2025, that includes specific provisions for existing tenants and requires the current mortgage lender's approval within 30 days."
1. Parties: Identification of all parties to the agreement including the seller, buyer, and any relevant financial institutions
2. Background: Context of the short sale transaction, including the current property/asset status and reason for short sale
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core terms of the transaction including the asset/property description and agreed purchase price
5. Conditions Precedent: Conditions that must be satisfied before the agreement becomes effective, including lender approval
6. Settlement Process: Details of the settlement process, timing, and requirements
7. Representations and Warranties: Statements of fact and guarantees made by both parties
8. Risk and Insurance: Allocation of risk and insurance requirements until settlement
9. Default and Termination: Consequences of default and circumstances for termination
10. Notices: Process and requirements for formal communications between parties
11. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments
12. Execution: Signing provisions and execution requirements
1. Broker Provisions: Required when real estate brokers are involved in the transaction
2. Mortgage Release: Included when there are specific arrangements regarding the release of existing mortgages
3. Third Party Consents: Required when the transaction needs approval from additional parties beyond the primary lender
4. Property Maintenance: Included for real property transactions to specify maintenance obligations until settlement
5. Tenant Provisions: Required when the property is subject to existing tenancies
6. Commission Structure: Included when there are specific commission arrangements with agents or brokers
7. Due Diligence: Optional section for buyer's due diligence requirements and timeframes
1. Property Description: Detailed description of the property or asset being sold
2. Purchase Price Calculation: Breakdown of the purchase price and any adjustments
3. Settlement Requirements: Checklist of documents and requirements for settlement
4. Existing Encumbrances: List of current mortgages, liens, or other encumbrances
5. Required Consents: List of required third-party and regulatory consents
6. Disclosure Schedule: Seller's disclosures regarding the property or asset condition
7. Form of Lender Approval: Template or requirements for lender's approval of the short sale
Authors
Real Estate
Banking & Financial Services
Legal Services
Property Development
Investment & Fund Management
Property Management
Professional Services
Insurance
Legal
Real Estate
Property Management
Risk & Compliance
Credit Assessment
Mortgage Services
Settlement Operations
Valuations
Documentation
Customer Relations
Real Estate Agent
Property Lawyer
Mortgage Broker
Bank Manager
Property Manager
Financial Advisor
Risk Manager
Compliance Officer
Property Valuer
Settlement Officer
Credit Manager
Distressed Asset Manager
Real Estate Transaction Coordinator
Legal Counsel
Conveyancing Manager
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