Earnest Money Contract Template for New Zealand

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Key Requirements PROMPT example:

Earnest Money Contract

"I need an Earnest Money Contract for a residential property purchase in Auckland, New Zealand, with a 10% deposit and a 15-day due diligence period, including conditions for building inspection and finance approval by March 2025."

Document background
The Earnest Money Contract is a crucial document in New Zealand property transactions, designed to protect both buyers and sellers during the initial stages of a property purchase. It is typically used when a buyer wishes to demonstrate serious intent to purchase a property while maintaining certain contingencies and completing due diligence. The document details the earnest money amount (usually 5-10% of the purchase price), holding arrangements, conditions for release, and the rights and obligations of all parties. This contract type is particularly important in New Zealand's property market, where it provides a structured approach to property transactions while complying with local property law requirements and commercial practices. It serves as a stepping stone to the final sale and purchase agreement, offering protection to both parties during the transaction process.
Suggested Sections

1. Parties: Identifies and provides full legal details of the buyer and seller

2. Background: Outlines the context of the transaction and the parties' intention to enter into a property purchase agreement

3. Definitions: Defines key terms used throughout the agreement

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

5. Purchase Price: States the total agreed purchase price for the property

6. Earnest Money Details: Specifies the earnest money amount, payment deadline, and holding arrangements

7. Deposit Holder: Identifies who will hold the earnest money and their obligations

8. Due Diligence Period: Specifies the timeframe for the buyer to complete property investigations

9. Conditions Precedent: Lists conditions that must be satisfied before the agreement becomes unconditional

10. Release of Earnest Money: Details circumstances under which earnest money will be released to either party

11. Default Provisions: Outlines remedies available if either party defaults

12. General Terms: Standard contract terms including governing law, notices, and amendment procedures

Optional Sections

1. Property Inspection: Used when specific inspection requirements or timeframes need to be detailed

2. Finance Condition: Included when the buyer requires finance approval as a condition

3. Sale of Existing Property: Added when the purchase is conditional on the buyer selling their existing property

4. Tenant Provisions: Required if the property is currently tenanted

5. GST Provisions: Included when either party is GST registered and the transaction has GST implications

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

7. Special Conditions: Used for any unique requirements specific to the transaction

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including certificates of title, easements, and encumbrances

2. Schedule 2 - Chattels: Itemized list of chattels included in the sale

3. Schedule 3 - Due Diligence Checklist: List of investigations and checks to be completed during due diligence

4. Schedule 4 - Property Condition Report: Current condition of the property and any known defects

5. Appendix A - Property Title: Copy of the current property title

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

7. Appendix C - Property Plans: Relevant property plans and drawings

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

Legal Services

Financial Services

Construction

Property Management

Banking

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Operations

Finance

Risk Management

Contracts Administration

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Property Manager

Real Estate Branch Manager

Legal Counsel

Contract Manager

Property Developer

Real Estate Transaction Coordinator

Settlement Officer

Compliance Officer

Property Consultant

Real Estate Sales Manager

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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