As Is Where Is Basis Deed Of Sale Template for New Zealand

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Key Requirements PROMPT example:

As Is Where Is Basis Deed Of Sale

"I need an As Is Where Is Basis Deed of Sale for a earthquake-damaged commercial property in Wellington, with settlement scheduled for March 2025, including specific clauses about known structural issues and limited seismic rating."

Document background
The As Is Where Is Basis Deed of Sale is a specialized legal document used in New Zealand property transactions where the traditional warranties and representations are limited or excluded. This document type gained particular prominence following events like the Christchurch earthquakes but is also commonly used for distressed properties, mortgagee sales, or properties requiring significant renovation. The deed explicitly outlines the current condition of the property, known defects, and the purchaser's acknowledgment of these conditions. It includes specific provisions protecting the vendor from future claims related to the property's condition while ensuring compliance with New Zealand's Property Law Act 2007 and related legislation. The document is structured to provide clear risk allocation between parties and typically includes comprehensive schedules documenting the property's current state.
Suggested Sections

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

2. Background: Context of the sale, including brief property description and basis of sale

3. Definitions: Key terms used throughout the deed, including 'As Is Where Is Basis' definition

4. Sale and Purchase: Core agreement to sell and purchase the property on an 'as is where is' basis

5. Purchase Price: Specified purchase price, payment terms, and deposit requirements

6. Property Condition Acknowledgment: Explicit acknowledgment of the property's current condition and purchaser's acceptance

7. Warranties and Representations: Limited warranties provided and explicit exclusions under the 'as is' basis

8. Risk and Insurance: Transfer of risk and responsibility for insurance arrangements

9. Settlement and Possession: Settlement date, possession arrangements, and key handover details

10. Default: Consequences of default by either party and available remedies

11. General Provisions: Standard contractual provisions including governing law, notices, and amendments

Optional Sections

1. Chattels: List and condition of any chattels included in the sale - used when chattels are part of the transaction

2. Due Diligence: Provision for limited due diligence period if agreed - used when purchaser requires specific investigations

3. Tenant Provisions: Details of existing tenancies if property is tenanted - used for tenanted properties

4. GST Provisions: GST treatment of the transaction - used when either party is GST registered

5. Resource Management Compliance: Known compliance issues with Resource Management Act - used for properties with known issues

6. Building Warranty Claims: Assignment of any existing building warranty claims - used when applicable warranties exist

7. Overseas Investment Conditions: Additional conditions for overseas buyers - used when purchaser is foreign entity

Suggested Schedules

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

2. Schedule 2 - Purchase Price Breakdown: Itemized breakdown of the purchase price including any adjustments

3. Schedule 3 - Known Defects: List of known defects or issues with the property

4. Schedule 4 - Chattels List: Comprehensive list of chattels included/excluded from sale

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

6. Appendix B - Property Inspection Reports: Any existing property inspection reports or assessments

7. Appendix C - Photographs: Current dated photographs documenting property condition

Authors

Alex Denne

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

Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Financial Services

Insurance

Property Management

Professional Services

Banking

Relevant Teams

Legal

Real Estate

Property Management

Commercial

Risk Management

Compliance

Investment

Asset Management

Due Diligence

Valuations

Property Development

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Commercial Director

Legal Counsel

Conveyancing Manager

Risk Manager

Property Developer

Asset Manager

Investment Manager

Compliance Officer

Due Diligence Manager

Property Valuer

Building Inspector

Insurance Underwriter

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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