The Tri Party Agreement Home Loan is a specialized financial instrument used in New Zealand when a home loan arrangement requires the involvement of three distinct parties. This document is typically employed when a guarantor or third party has a significant role in the loan arrangement, such as providing additional security or guarantees. The agreement ensures compliance with New Zealand's regulatory framework, particularly the Credit Contracts and Consumer Finance Act 2003, while protecting the interests of all parties involved. It is commonly used in situations involving family guarantors, trust arrangements, or complex property transactions where traditional bilateral loan agreements are insufficient. The document comprehensively covers loan terms, security arrangements, rights and obligations of all parties, default provisions, and enforcement mechanisms, providing a robust legal framework for the lending arrangement.
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1. Parties: Identifies and defines all three parties: Lender, Borrower, and Third Party/Guarantor
2. Background: Sets out the context of the agreement, including the purpose of the loan and role of each party
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Loan Facility: Details of the loan amount, purpose, and drawdown conditions
5. Interest and Payments: Interest rate details, payment schedule, and calculation methods
6. Security Arrangements: Details of mortgage security and any additional security requirements
7. Conditions Precedent: Conditions that must be satisfied before the loan becomes available
8. Representations and Warranties: Statements of fact and assurances from all parties
9. Covenants: Ongoing obligations of each party throughout the loan term
10. Events of Default: Circumstances constituting default and consequences
11. Third Party Obligations: Specific obligations and commitments of the third party
12. General Provisions: Standard clauses including notices, amendments, governing law
13. Execution: Signing provisions and execution blocks for all parties
1. Multiple Property Securities: Required when the loan is secured against more than one property
2. Additional Guarantors: Required when there are multiple guarantors involved
3. Insurance Requirements: Detailed insurance obligations when specific insurance arrangements are required
4. Construction Provisions: Required for construction loans or property development
5. Cross-Collateralization: Required when security properties are cross-collateralized with other loans
6. Specific Purpose Covenants: Required when loan is for a specific purpose with special conditions
1. Schedule 1 - Loan Details: Key financial terms including loan amount, interest rate, term, and payment schedule
2. Schedule 2 - Security Properties: Details of all properties provided as security including legal descriptions
3. Schedule 3 - Conditions Precedent: Detailed list of all conditions to be satisfied before drawdown
4. Schedule 4 - Fee Schedule: Comprehensive list of all fees and charges applicable to the loan
5. Schedule 5 - Direct Debit Authority: Payment authorization and bank account details
6. Appendix A - Disclosure Statement: Initial disclosure statement required under CCCFA
7. Appendix B - Security Documents: Forms of security documents including mortgage instruments
8. Appendix C - Guarantor's Independent Legal Advice Certificate: Confirmation of independent legal advice for guarantors
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