Lease With Option To Buy Contract Template for New Zealand

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Key Requirements PROMPT example:

Lease With Option To Buy Contract

"I need a Lease with Option to Buy Contract for a commercial warehouse property in Auckland, with a 3-year initial lease term starting March 2025, monthly rent of NZD 5,000, and an option to purchase at NZD 1.2M that can be exercised after 18 months of the lease term."

Document background
The Lease With Option To Buy Contract is a sophisticated legal instrument used in New Zealand property transactions where parties wish to combine a lease arrangement with a future purchase opportunity. This document is particularly useful in situations where immediate purchase is not feasible or desired, but there is mutual interest in a potential future sale. It provides tenants with the security of a lease while securing the right to purchase the property at a predetermined price or calculation method. The agreement must comply with New Zealand property law, including the Property Law Act 2007, Residential Tenancies Act 1986, and relevant commercial legislation. It typically includes detailed provisions for property maintenance, insurance requirements, option exercise procedures, and purchase price mechanisms. This type of contract is commonly used in both residential and commercial contexts, offering flexibility while protecting the interests of all parties involved.
Suggested Sections

1. Parties: Identification of the lessor/potential seller and lessee/potential buyer, including full legal names and addresses

2. Background: Context of the agreement, including property details and parties' intentions regarding lease and potential purchase

3. Definitions and Interpretation: Key terms used throughout the agreement, including property, lease period, option period, and purchase price mechanics

4. Lease Terms: Core lease provisions including rent, duration, maintenance responsibilities, and utility payments

5. Option to Purchase: Terms of the purchase option, including option price, exercise period, and mechanism for exercising the option

6. Purchase Price and Payment: Details of the purchase price calculation, including any rent credit and payment terms

7. Property Condition and Inspections: Current condition of property, inspection rights, and condition requirements at time of purchase

8. Insurance and Risk: Insurance requirements during lease period and transition of risk upon purchase

9. Default and Remedies: Consequences of default under either lease or option terms, including remedies available to either party

10. Notices: Process for formal communications between parties, including option exercise notice

11. General Provisions: Standard contract clauses including governing law, dispute resolution, and entire agreement provisions

Optional Sections

1. Property Improvements: Used when the lessee is permitted to make improvements to the property, specifying approval processes and how improvements affect purchase price

2. Assignment and Subletting: Include when transfer of lease or option rights is to be permitted under specific conditions

3. Early Termination: Include when parties want specific provisions for early lease termination without affecting purchase option

4. Mortgage and Financing: Include when specific provisions are needed regarding existing mortgages or future financing arrangements

5. Property Management: Used for commercial properties or when specific management arrangements are needed during lease period

6. Environmental Matters: Include for properties with potential environmental concerns or compliance requirements

7. GST Provisions: Include when either party is GST-registered and GST implications need to be addressed

Suggested Schedules

1. Property Description: Detailed legal description of the property, including title references and any exclusions

2. Rent Schedule: Detailed breakdown of rent payments, including any scheduled increases

3. Option Exercise Terms: Specific procedures and forms for exercising the purchase option

4. Property Inventory: Detailed list of any furnishings, fixtures, or equipment included in lease and potential sale

5. Maintenance Schedule: Detailed breakdown of maintenance responsibilities between lessor and lessee

6. Condition Report: Detailed report of property condition at lease commencement

7. Purchase Price Calculation: Formula or method for calculating final purchase price, including any rent credits

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

Clauses
Relevant Industries

Real Estate

Property Development

Residential Property

Commercial Property

Agriculture

Retail

Industrial

Hospitality

Professional Services

Manufacturing

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Finance

Operations

Risk and Compliance

Business Development

Asset Management

Investment

Acquisitions

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Property Developer

Facilities Manager

Asset Manager

Commercial Director

Acquisitions Manager

Finance Manager

Operations Manager

Business Development Manager

Investment Analyst

Portfolio Manager

Risk Manager

Compliance Officer

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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