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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."
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
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
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
Business Day
Completion Date
Conditions Precedent
Deposit
Deposit Holder
Due Diligence Period
Earnest Money
Effective Date
Encumbrances
GST
Land
LIM Report
Notice
Parties
Property
Purchase Price
Settlement Date
Title
Transfer
Vendor
Purchaser
Working Day
Default
Force Majeure
Chattels
Release Date
Settlement
Solicitor
Contract Date
Property Description
Due Diligence
Deposit Handling
Default and Remedies
Title and Ownership
Conditions Precedent
Representations and Warranties
Risk and Insurance
Settlement
Termination
Force Majeure
Notices
Assignment
Governing Law
Dispute Resolution
Property Access
GST
Further Assurances
Entire Agreement
Severability
Time of Essence
Conditional Purchase
Property Inspection
Vendor Warranties
Release Conditions
Confidentiality
Real Estate
Property Development
Legal Services
Financial Services
Construction
Property Management
Banking
Professional Services
Legal
Real Estate
Property Management
Compliance
Sales
Operations
Finance
Risk Management
Contracts Administration
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
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