Carefree Investment. Burwood 29A Bampton Street. Property Information. Chattels. bayleys.co.nz. bayleys.co.nz/558240

Similar documents
Buying or selling your property?

Student Rental. Riccarton 11A George Street 6 A 1 B 1 C 2 D. Property Information

Student Rental. Riccarton 11A George Street 6 A 1 B 1 C 2 D. Property Information

Selling your property?

New Zealand Residential Property Sale and Purchase Agreement Guide. This guide has been prepared and approved by the Real Estate Agents Authority

Your guide to selling a home

New Zealand Residential Property Sale and Purchase Agreement Guide. This guide has been prepared and approved by the Real Estate Agents Authority

ENVIRONMENT CANTERBURY S WEB-BASED CONTAMINATED LAND INFORMATION TRANSFER SYSTEM

Contaminated Land Management Guidelines No. 4. Classification and Information Management Protocols

ADMINISTRATIVE GUIDANCE

Auction Benefits... Page 5 Private Treaty Benefits... Page 5 What is your property worth?...page 5 - Pricing Guidelines

PAGE 2» PAGE 3» PAGE 4»

JEFFREY SAMUELS. Welcome! Maximize Your Real Estate Value!

PROPERTY REPORT 1-14/18 Duke Street, St Kilda

A step-by-step guide to... Help to Buy. Shared Ownership. hastoesales.com

A guide for first time buyers

Common mistakes people make when moving house ( and how to avoid them)

Who should read this? How To (Post-Tenancy) Tenants Agents Landlords. The dispute process

Guide to Subdivision and Land Development

Your guide to: Staircasing. How to buy further shares in your Shared Ownership home. Great homes, positive people, strong communities

Filing a property assessment complaint and preparing for your hearing. Alberta Municipal Affairs

10 SIGNS YOU NEED TO CHANGE YOUR PROPERTY MANAGER. How to identify a poor Property Manager

ADVICE NOTE BUYING AND SELLING YOUR FLAT. A summary of the typical events when buying and selling a leasehold flat

Landowner's rights. When the Crown requires your land for a public work. April 2010

What happens when the Court is involved in a tenancy deposit dispute?

CONVEYANCING NORTHERN BEACHES

1 Adopting the Code. The Consumer Code Requirements and good practice Guidance. 1.1 Adopting the Code. 1.2 Making the Code available

CRE Residents Ballot Workshop

The Step-by-Step Guide to Choosing a Real Estate Agent. By Antonia Baker

Shared Ownership. Buyers Guide

What Every New Zealander Should Know About Relationship Property

02 Register with us 03 View with us 04 Making an offer 05 Helping you in your new home 06 Your utility bills 07 Move with us 08 Making your move

Tenants Rights in Foreclosure 1

A home of your own SHARED OWNERSHIP (PART BUY/PART RENT)

Online Bidding Terms & Conditions

We ll tailor our provision to your needs, whatever they may be. Our core services are below, but it s not an exhaustive list we d run out of space!

Anthony Banfield, FRICS Banfield Real Estate Solutions Ltd

CONDOMINIUM CORPORATION INFORMATION PACKAGE. A Guide to the Common Elements Warranty

A guide to. Shared Ownership. for you - for your community - not for profit.

Save Money by Selling Your House without an Agent

CONDOMINIUM CORPORATION INFORMATION PACKAGE. A Guide to the Common Elements Warranty

AUCTION DETAILS PARTICULARS OF PROPERTY. TENANCIES (if any) CONDITIONS OF SALE CONDUCT OF AUCTION. Auctioneer: Unlimited Potential Ltd

Bromley 18 Tanya Street. Information Memorandum

we apply for the necessary searches you make your mortgage application (if applicable)

IMPORTANT INFORMATION FOR PURCHASERS REGARDING THE PURCHASE OF PROPERTY

How TDS deals with disputes relating to non-assured Shorthold Tenancies

ATTACHMENT 4 CERCLA NOTICE, COVENANT, AND ACCESS PROVISIONS AND OTHER DEED PROVISIONS

Shared ownership A buyer s guide. Sharing your future Living your dreams

Short Guide to Unit Titles

RESIDENTIAL TENANCY APPLICATION

Letting your property with

YOUR CLIENT JOURNEY. When buying property with Scullion LAW

Buying Property in Prince Edward Island

DEVELOPMENT OPPORTUNITY AT COURT DRIVE SHENSTONE LICHFIELD STAFFORDSHIRE WS14 0JQ

Resource consent application/ Fast-Track resource consent

A guide to. Shared Ownership

Your Guide to Shared Ownership

LIM Application for 2/ 10 Brett Avenue Takapuna This Land Information Memorandum (LIM) details information known to Council about this property.

Tozers guide to selling your home

Landuse Consent Subdivision Consent Certificate of Compliance Variation/Cancellation of Consent Conditions Outline Plan Waiver

Description of the RICS HomeBuyer (Survey & Valuation) Service

DEVELOPMENT OPPORTUNITY AT ALDERHAY MILL END LANE ALREWAS BURTON UPON TRENT STAFFORDSHIRE DE13 7BX

Things to consider when buying a Home

CONTAMINATED LAND WORKSHOP 2014: SCOPING PSIs AND DSIs. P A T TLE DELAMORE P A RTNERS LTD solutions for your environment

Contents. What type of property can I look at? Welcome to Co-Ownership. Important things to remember. What s a shared ownership plan?

Information Pack. Expert Knowledge Local Service. Global Reach. ONLINE PROPERTY AUCTION

GUIDE TO SUBDIVISION & LAND DEVELOPMENT

14 IMPORTANT QUESTIONS TO ASK EACH ESTATE AGENT BEFORE SIGNING A CONTRACT

SELLER'S PROPERTY INFORMATION FORM (4th edition)

METHODOLOGY GUIDE VALUING LANDS IN TRANSITION IN ONTARIO. Valuation Date: January 1, 2016

The Consumer Code Scheme

Landlord Guide: Short Term Letting

The Basics of a Commercial Lease

Valuation Report. Property Address. Prepared by. Surveyors Name Trafford Surveyors Ltd. On behalf of: Clients Name

The New York Housing Process

The Right to Acquire. Contents. Contents Making an informed decision Can you buy your home? How to buy your home 7. 4.

What is. Shared Ownership?

Fortis Student Living Booking Terms and Conditions

HOME BUYERS GUIDE. communities.lendlease.com

Determining responsibility for retaining walls

This program has been made possible by the New South Wales Government through the EPAs Contaminated Land Management Program under funding provided by

GENERAL GUIDANCE ON SELLING AND BUYING RESIDENTIAL PROPERTY THESE NOTES HAVE BEEN PREPARED TO ASSIST YOU AND EXPLAIN THE BUYING AND SELLING PROCESS

PURCHASE OF FREEHOLD OR LEASEHOLD RESIDENTIAL PROPERTY

PROPERTY INVESTMENT NOTES

FOR SALE BY TENDER / CONDITIONAL OFFER

20702 & STONE OAK PARKWAY SAN ANTONIO, TEXAS

Sincerity Among Landlords & Tenants

2.08 The Tenancy Agreement

Your Guide to Resales

Selling Your Property? Questions Most Asked

SELF-STORAGE TENANCY AGREEMENT. SEND RENT TO: 135 Marcou Rd Office, Onalaska, Wi

Anthea Lettings is a highly successful letting agency with properties throughout the North London area.

Owner Success Packet

HOW TO FIND, INVEST AND FIX HOUSES FOR PROFIT

Buy To Let Mortgage Guide

Top 5 Reasons. to list with. Krantz & Associates. Our mission. You are. to us! RE/MAX LAKE OF THE OZARKS

Consumer Code for Home Builders

T Buying your shared ownership home

Guideline Leaflet PM01: Buying a Manse

Residential MANAGING BROKER APPLIED PRACTICE COURSE TOOLKIT. component three

Transcription:

Property Information 4 2 1 Legal Description Lot 2 Deposited Plan 33554 as comprised in the Certificate of Title CB13A/875 Rates $2,908.20 Capital Valuation $455,000 Land Area 674m 2 (more or less) Floor Area 140m 2 (more or less) Tenure Fee Simple CERA Zoning Green Zone, TC 3, Blue Local Authority Christchurch City Council Chattels Fixed floor coverings, Blinds, Curtains, Light fittings, Heat Pump x 2, Stove x 2, Supertub x 2 bayleys.co.nz/558240 Burwood 29A Bampton Street Price by Negotiation Angela Webb 027 349 1997 angela.webb@bayleys.co.nz Kate Mullins 027 248 8456 kate.mullins@bayleys.co.nz Carefree Investment WHALAN AND PARTNERS LTD, BAYLEYS, LICENSED UNDER THE REA ACT 2008 The contents of this document do not form part of any contract. This document has been compiled using information provided by third parties, and Bayleys accepts no responsibility for its accuracy or completeness. In all cases, interested parties should conduct their own verification of the information in this document, as well as their own investigation and analysis of the property described in it. All parties are urged to take legal advice before entering into any contract or agreement in relation to the property described herein. bayleys.co.nz

How long have you been looking for a tidy affordable investment? These don't come along very often, don't miss this opportunity with these two, two bedroom units on the one title, making this a super multi income investment. Both flats are two bedrooms and have a private sunny north face master bedroom and lounge leading to a sun-soaked yard. Heatpumps are already taken care off making the units are warm and cosy all year round, however the insulation still needs upgrading to comply with the new government regulations. The front flat is newly vacant for the first time in 4 years and is ready for a complete make over to transform it into a modern apartment and get the most out of the rental market. Current statistics from Tenancy Services show the rental range for two bedroom flats in this area range from $340 to $345 per week. The back flat has been rented to the same tenant for over 4 years, they are paying $280 per week and are happy to stay on. Sited on 674m 2 of land area situated on a quiet street only a short walk to The Palms Mall these units will always appeal to tenants as a quiet and easy location to live. It comes with a bonus $8,000 cash, that will transfer to the purchaser upon settlement to complete the interior works that haven't been done due to the flats always have stable tenants in place. With so much potential in this cute block of two, how could you pass up this opportunity? bayleys.co.nz

This information Memorandum, title or other supplementary property information (the Information ) has been prepared by Whalan and Partners Limited, trading as Bayleys ( Bayleys ) as agent for the Vendor. The Information contains information that is publicly available and/or sourced from third parties and capable of independent verification. It has been prepared solely to assist interested parties in deciding whether to further their interest in the Property and Whalan and Partners Limited is acting as a conduit and merely passing this information over. Prospective purchasers must not confine themselves to the contents of the Information but should, in conjunction with their professional advisors, make their own evaluation of the Property and conduct their own investigation, analysis and verification of the data contained in the Information and otherwise concerning the Property. Such evaluation should extend to and include whether there has been a change in the affairs or prospects of the Property since the date of the Information or since the date as at which any information contained in the Information is expressed to be applicable. Bayleys and the Vendor have not verified any of the detail contained in the Information and Bayleys and the Vendor make no representation or warranty as to the accuracy or completeness of the information and neither Bayleys nor the Vendor accept and/or shall have any liability whatsoever for the accuracy of any part of the information including any liability for any statements, opinions, information or matters (expressed or implied) arising out of, contained in or derived from the Information, or any omissions from, or failure to correct any information, or any other written or oral communications transmitted to any recipient of the Information in relation to the Property.

Property Information Property address 29A BAMPTON STREET, DALLINGTON, CHRISTCHURCH Legal description Lot 2 DP 33554 Property area (hectares) 0.0674 Valuation number 22371 25300 Differential category Residential Rating valuation as valued on 1/8/2016 Used to calculate your rates until 30 June 2020. Note: If your valuation is adjusted mid-year this may not adjust your rates until 1 July. Land value $144,000 + Value of improvements $311,000 = Capital value $455,000 Rates information Rate account number 73110130 Current rating year 2017/2018 Current year rates instalments Instalment 1: $726.98 Instalment 2: $726.98 Instalment 3: $726.98 Instalment 4: $727.26 Current year's rates $2,908.20 Up-to-date valuations: Amended valuations, as a result of new improvements to a property or settled objections, may not show on our website for up to 3 weeks.

CERA Classification

Zoning

Dear Sir/Madam Thank you for submitting your property enquiry in regards to our Listed Land Use Register (LLUR) which holds information about sites that have been used, or are currently used for activities which have the potential to have caused contamination. The LLUR statement provided indicates the location of the land parcel(s) you enquired about and provides information regarding any LLUR sites within a radius specified in the statement of this land. Please note that if a property is not currently entered on the LLUR, it does not mean that an activity with the potential to cause contamination has never occurred, or is not currently occurring there. The LLUR is not complete, and new sites are regularly being added as we receive information and conduct our own investigations into current and historic land uses. The LLUR only contains information held by Environment Canterbury in relation to contaminated or potentially contaminated land; other information relevant to potential contamination may be held in other files (for example consent and enforcement files). If your enquiry relates to a farm property, please note that many current and past activities undertaken on farms may not be listed on the LLUR. Activities such as the storage, formulation and disposal of pesticides, offal pits, foot rot troughs, animal dips and underground or above ground fuel tanks have the potential to cause contamination. Please contact and Environment Canterbury Contaminated Sites Officer if you wish to discuss the contents of the LLUR statement, or if you require additional information. For any other information regarding this land please contact Environment Canterbury Customer Services. Yours sincerely Contaminated Sites Team

Property Statement from the Listed Land Use Register Visit www.ecan.govt.nz/hail for more information about land uses. Customer Services P. 03 353 9007 or 0800 324 636 PO Box 345 Christchurch 8140 P. 03 365 3828 F. 03 365 3194 E. ecinfo@ecan.govt.nz www.ecan.govt.nz Date: 31 May 2018 Land Parcels: Lot 2 DP 33554 Valuation No(s): 2237125300 Area of Enquiry Sites intersecting area of enquiry Investigations intersecting area of enquiry The information presented in this map is specific to the property you have selected. Information on nearby properties may not be shown on this map, even if the property is visible. Summary of sites: There are no sites associated with the area of enquiry. Information held about the sites on the Listed Land Use Register There are no sites associated with the area of enquiry. Information held about other investigations on the Listed Land Use Register For further information from Environment Canterbury, contact Customer Services and refer to enquiry number ENQ204411. Our Ref: ENQ204411 Produced by: LLUR Public 31/05/2018 2:14:53 p.m. Page 1 of 2

Disclaimer: The enclosed information is derived from Environment Canterbury s Listed Land Use Register and is made available to you under the Local Government Official Information and Meetings Act 1987 and Environment Canterbury s Contaminated Land Information Management Strategy (ECan 2009). The information contained in this report reflects the current records held by Environment Canterbury regarding the activities undertaken on the site, its possible contamination and based on that information, the categorisation of the site. Environment Canterbury has not verified the accuracy or completeness of this information. It is released only as a copy of Environment Canterbury's records and is not intended to provide a full, complete or totally accurate assessment of the site. It is provided on the basis that Environment Canterbury makes no warranty or representation regarding the reliability, accuracy or completeness of the information provided or the level of contamination (if any) at the relevant site or that the site is suitable or otherwise for any particular purpose. Environment Canterbury accepts no responsibility for any loss, cost, damage or expense any person may incur as a result of the use, reference to or reliance on the information contained in this report. Any person receiving and using this information is bound by the provisions of the Privacy Act 1993. Our Ref: ENQ204411 Produced by: LLUR Public 31/05/2018 2:14:53 p.m. Page 2 of 2

What is the Listed Land Use Register (LLUR)? The LLUR is a database that Environment Canterbury uses to manage information about land that is, or has been, associated with the use, storage or disposal of hazardous substances. Why do we need the LLUR? Some activities and industries are hazardous and can potentially contaminate land or water. We need the LLUR to help us manage information about land which could pose a risk to your health and the environment because of its current or former land use. Listed Land Use Register Section 30 of the Resource Management Act (RMA, 1991) requires Environment Canterbury to investigate, identify and monitor contaminated land. To do this we follow national guidelines and use the LLUR to help us manage the information. The information we collect also helps your local district or city council to fulfil its functions under the RMA. One of these is implementing the National Environmental Standard (NES) for Assessing and Managing Contaminants in Soil, which came into effect on 1 January 2012. For information on the NES, contact your city or district council. What you need to know How does Environment Canterbury identify sites to be included on the LLUR? We identify sites to be included on the LLUR based on a list of land uses produced by the Ministry for the Environment (MfE). This is called the Hazardous Activities and Industries List (HAIL) 1. The HAIL has 53 different activities, and includes land uses such as fuel storage sites, orchards, timber treatment yards, landfills, sheep dips and any other activities where hazardous substances could cause land and water contamination. We have two main ways of identifying HAIL sites: We are actively identifying sites in each district using historic records and aerial photographs. This project started in 2008 and is ongoing. We also receive information from other sources, such as environmental site investigation reports submitted to us as a requirement of the Regional Plan, and in resource consent applications. 1 The Hazardous Activities and Industries List (HAIL) can be downloaded from MfE s website www.mfe.govt.nz, keyword search HAIL How does Environment Canterbury classify sites on the LLUR? Where we have identified a HAIL land use, we review all the available information, which may include investigation reports if we have them. We then assign the site a category on the LLUR. The category is intended to best describe what we know about the land use and potential contamination at the site and is signed off by a senior staff member. Please refer to the Site Categories and Definitions factsheet for further information. What does Environment Canterbury do with the information on the LLUR? The LLUR is available online at www.llur.ecan.govt.nz. We mainly receive enquiries from potential property buyers and environmental consultants or engineers working on sites. An inquirer would typically receive a summary of any information we hold, including the category assigned to the site and a list of any investigation reports. We may also use the information to prioritise sites for further investigation, remediation and management, to aid with planning, and to help assess resource consent applications. These are some of our other responsibilities under the RMA. Everything is connected If you are conducting an environmental investigation or removing an underground storage tank at your property, you will need to comply with the rules in the Regional Plan and send us a copy of the report. This means we can keep our records accurate and up-to-date, and we can assign your property an appropriate category on the LLUR. To find out more, visit www.ecan.govt.nz/hail.

My land is on the LLUR what should I do now? IMPORTANT! Just because your property has a land use that is deemed hazardous or is on the LLUR, it doesn t necessarily mean it s contaminated. The only way to know if land is contaminated is by carrying out a detailed site investigation, which involves collecting and testing soil samples. IMPORTANT! The LLUR is an online database which we are continually updating. A property may not currently be registered on the LLUR, but this does not necessarily mean that it hasn t had a HAIL use in the past. Sheep dipping (ABOVE) and gas works (TOP) are among the former land uses that have been identified as potentially hazardous. (Photo above by Wheeler & Son in 1987, courtesy of Canterbury Museum.) You do not need to do anything if your land is on the LLUR and you have no plans to alter it in any way. It is important that you let a tenant or buyer know your land is on the Listed Land Use Register if you intend to rent or sell your property. If you are not sure what you need to tell the other party, you should seek legal advice. You may choose to have your property further investigated for your own peace of mind, or because you want to do one of the activities covered by the National Environmental Standard for Assessing and Managing Contaminants in Soil. Your district or city council will provide further information. If you wish to engage a suitably qualified experienced practitioner to undertake a detailed site investigation, there are criteria for choosing a practitioner on www.ecan.govt.nz/hail. I think my site category is incorrect how can I change it? If you have an environmental investigation undertaken at your site, you must send us the report and we will review the LLUR category based on the information you provide. Similarly, if you have information that clearly shows your site has not been associated with HAIL activities (eg. a preliminary site investigation), or if other HAIL activities have occurred which we have not listed, we need to know about it so that our records are accurate. If we have incorrectly identified that a HAIL activity has occurred at a site, it will be not be removed from the LLUR but categorised as Verified Non-HAIL. This helps us to ensure that the same site is not re-identified in the future. Contact us Property owners have the right to look at all the information Environment Canterbury holds about their properties. It is free to check the information on the LLUR, online at www.llur.ecan.govt.nz. If you don t have access to the internet, you can enquire about a specific site by phoning us on (03) 353 9007 or toll free on 0800 EC INFO (32 4636) during business hours. Contact Environment Canterbury: Email: ecinfo@ecan.govt.nz Phone: Calling from Christchurch: (03) 353 9007 Calling from any other area: 0800 EC INFO (32 4636) Everything is connected Promoting quality of life through balanced resource management. www.ecan.govt.nz E13/101

Listed Land Use Register Site categories and definitions When Environment Canterbury identifies a Hazardous Activities and Industries List (HAIL) land use, we review the available information and assign the site a category on the Listed Land Use Register. The category is intended to best describe what we know about the land use. If a site is categorised as Unverified it means it has been reported or identified as one that appears on the HAIL, but the land use has not been confirmed with the property owner. If the land use has been confirmed but analytical information from the collection of samples is not available, and the presence or absence of contamination has therefore not been determined, the site is registered as: Not investigated: A site whose past or present use has been reported and verified as one that appears on the HAIL. The site has not been investigated, which might typically include sampling and analysis of site soil, water and/or ambient air, and assessment of the associated analytical data. There is insufficient information to characterise any risks to human health or the environment from those activities undertaken on the site. Contamination may have occurred, but should not be assumed to have occurred. If analytical information from the collection of samples is available, the site can be registered in one of six ways: At or below background concentrations: The site has been investigated or remediated. The investigation or post remediation validation results confirm there are no hazardous substances above local background concentrations other than those that occur naturally in the area. The investigation or validation sampling has been sufficiently detailed to characterise the site. Below guideline values for: The site has been investigated. Results show that there are hazardous substances present at the site but indicate that any adverse effects or risks to people and/or the environment are considered to be so low as to be acceptable. The site may have been remediated to reduce contamination to this level, and samples taken after remediation confirm this.

Managed for: The site has been investigated. Results show that there are hazardous substances present at the site in concentrations that have the potential to cause adverse effects or risks to people and/or the environment. However, those risks are considered managed because: the nature of the use of the site prevents human and/or ecological exposure to the risks; and/or the land has been altered in some way and/or restrictions have been placed on the way it is used which prevent human and/or ecological exposure to the risks. Partially investigated: The site has been partially investigated. Results: demonstrate there are hazardous substances present at the site; however, there is insufficient information to quantify any adverse effects or risks to people or the environment; or do not adequately verify the presence or absence of contamination associated with all HAIL activities that are and/or have been undertaken on the site. Significant adverse environmental effects: The site has been investigated. Results show that sediment, groundwater or surface water contains hazardous substances that: have significant adverse effects on the environment; or are reasonably likely to have significant adverse effects on the environment. Contaminated: The site has been investigated. Results show that the land has a hazardous substance in or on it that: has significant adverse effects on human health and/or the environment; and/or is reasonably likely to have significant adverse effects on human health and/or the environment. If a site has been included incorrectly on the Listed Land Use Register as having a HAIL, it will not be removed but will be registered as: Verified non-hail: Information shows that this site has never been associated with any of the specific activities or industries on the HAIL. Please contact Environment Canterbury for further information: (03) 353 9007 or toll free on 0800 EC INFO (32 4636) email ecinfo@ecan.govt.nz E13/102

Buying or selling your property? New Zealand Residential Property Sale and Purchase Agreement Guide Brought to you by the Real Estate Authority

This guide tells you... what a sale and purchase agreement is what s in a sale and purchase agreement what happens after you sign the sale and purchase agreement what happens if you have a problem where to go for more information

About settled.govt.nz and the Real Estate Authority Settled.govt.nz guides kiwis through home buying and selling. Buying or selling your home is a big move and one of the biggest financial decisions Kiwis make. It s a complex and sometimes stressful process with potentially significant emotional and financial impacts if things go wrong. Settled.govt.nz provides comprehensive independent information and guidance for home buyers and sellers. It ll help you feel more in control and help to get you settled. You can find information about the risks, how they can impact you, and get useful tips on how to avoid some of the major potential problems. You ll learn your tender from your BBO, your price by negotiation from your auction. You ll find valuable information, checklists, quizzes, videos and tools. From understanding LIMs, to sale and purchase agreements, to when to contact a lawyer, settled.govt.nz explains what you need to know. Settled.govt.nz is brought to you by the Real Estate Authority (REA). REA is the independent government agency that regulates the New Zealand real estate industry. Our aim is to promote and protect the interests of consumers involved in real estate transactions, and to promote a high standard of professionalism and service in the industry. i For more information on home buying and selling, visit settled.govt.nz or email info@settled.govt.nz To find out more about REA visit rea.govt.nz, call us on 0800 367 7322 or email us at info@rea.govt.nz

Key things to know about sale and purchase agreements A sale and purchase agreement is a legally binding contract between you and the other party involved in buying or selling a property. You must sign a written sale and purchase agreement to buy or sell a property. You need to read and understand the sale and purchase agreement before you sign it. You should always get legal advice before you sign the agreement and throughout the buying and selling process. You can negotiate the conditions in a sale and purchase agreement. A sale and purchase agreement becomes unconditional once all the conditions are met. The real estate agent is working for the seller of the property but must treat the buyer fairly. If your agent or anyone related to them wants to buy your property, they must get your written consent to do this. They must also give you an independent registered valuation of your property.

What a sale and purchase agreement is What s in a sale and purchase agreement A sale and purchase agreement is a legally binding contract between you and the other party involved in buying or selling a property. It sets out all the details, terms and conditions of the sale. This includes things such as the price, any chattels being sold with the property, whether the buyer needs to sell another property first and the settlement date. A sale and purchase agreement provides certainty to both the buyer and the seller about what will happen when. Always check your sale and purchase agreement with a lawyer before signing. Your sale and purchase agreement should include the following things. Basic details of the sale The names of the people buying and selling the property. The address of the property. The type of title (for example, freehold or leasehold). The price. Any deposit the buyer must pay. Any chattels being sold with the property (for example, whiteware or curtains). Any specific conditions you or the other party want fulfilled. How many working days you have to fulfil your conditions (if there are conditions). The settlement date (the date the buyer pays the rest of the amount for the property, which is usually also the day they can move in). The rate of interest the buyer must pay on any overdue payments. Before you sign a sale and purchase agreement, whether you re the buyer or the seller, the agent must give you a copy of this guide. They must also ask you to confirm in writing that you ve received it.

General obligations and conditions you have to comply with The sale and purchase agreement includes general obligations and conditions that you will need to comply with. For example, these may include: access rights what access the buyer can have to inspect the property before settlement insurance to make sure the property remains insured until the settlement date and outline what will happen if any damage occurs default by the buyer the buyer may have to compensate the seller if they don t settle on time, for example, with interest payments default by the seller the seller may have to compensate the buyer if they don t settle on time, for example, by paying accommodation costs. The agent helps the buyer and the seller to include the conditions they each want. Even though the agent works for the seller, they also have to deal fairly and honestly with the buyer. They can t withhold any information, and they must tell the buyer about any known defects with the property. Your agent will probably use the agreement for sale and purchase approved by the Auckland District Law Society and the Real Estate Institute of New Zealand. Your lawyer will explain these clauses to you. Specific conditions a buyer may include Some buyers will present an unconditional offer, which means there are no specific conditions to be fulfilled. Some buyers will include one or more conditions (that must be fulfilled by a specified date) in their offer such as: title search this is done by the buyer s lawyer to check who the legal owner of the property is and to see if there are any other interests over the property such as caveats or easements finance this refers to the buyer arranging payment, often requiring a mortgage or loan valuation report a bank may require the buyer to obtain a valuation of the property (an estimate of the property s worth on the current market) before they agree to a loan Land Information Memorandum (LIM) provided by the local council, this report provides information about the property such as rates, building permits and consents, drainage, planning and other important information builder s report to determine the condition of the building engineer s or surveyor s report similar to the above but more focused on the entire section and the structure of the property sale of another home the buyer may need to sell their own home in order to buy another.

What happens after you sign the sale and purchase agreement Signing the sale and purchase agreement is not the end of the sale or purchase. Both parties work through the conditions until the agreement is unconditional A conditional agreement means the sale and purchase agreement has one or more conditions that must be met by a specified date. The buyer pays the deposit. Depending on what the agreement says, the buyer may pay the deposit when they sign the agreement or when the agreement becomes unconditional. Usually the deposit is held in the agency s trust account for 10 working days before it is released to the seller. An agreement for sale and purchase commits you to buy or sell Once you ve signed the sale and purchase agreement and any conditions set out in it have been met, you must complete the sale or purchase of the property. Payment of a commission Once the sale is complete, the seller pays the agent for their services. The agent or agency usually takes the commission from the deposit they re holding in their trust account. The seller should make sure the deposit is enough to cover the commission. The agent cannot ask the buyer to pay for their services if they have been hired by the seller. The buyer pays the rest The buyer pays the remainder of the amount for the property on the day of settlement, usually through their lawyer. Buying a tenanted property The agreement for sale and purchase may contain a specific date for possession that may differ from the settlement date, for instance, where the property is tenanted. If the property is tenanted, the agreement for sale and purchase should specify this. If the buyer requires the property to be sold with vacant possession, it is the seller s responsibility to give the tenant notice to vacate, in accordance with the tenant s legal rights. It is recommended that you seek legal advice if you are buying a property that is currently tenanted.

What happens if you have a problem If you re worried about the behaviour of your agent, discuss it with them or their manager. All agencies must have in-house procedures for resolving complaints. If you can t resolve the issue with the agency or you don t feel comfortable discussing it with them, you can contact the Real Estate Authority (REA).* We can help in a number of ways if your complaint is about the behaviour of a real estate agent. For example, we can help you and the agent or agency to resolve the issue and remind the agent of their obligations under the Real Estate Agents Act 2008. When you contact us, we ll work with you to help you decide the best thing to do. Call us on 0800 367 7322, email us at info@rea.govt.nz or visit us online at rea.govt.nz * Settled.govt.nz is brought to you by REA. Where to go for more information You can get more help and information from various places. Read more about buying and selling a property at settled.govt.nz Settled.govt.nz provides comprehensive independent information and guidance for home buyers and sellers. The New Zealand Residential Property Agency Agreement Guide is also available on settled.govt.nz. The guide tells you more about the agreement you sign with the agent or agency helping to sell your property. Your lawyer Community Law Centres communitylaw.org.nz Citizens Advice Bureau cab.org.nz Consumer Protection (Ministry of Business, Innovation and Employment) consumerprotection.govt.nz We welcome any feedback you have on this publication. The information in this guide was accurate when published. However, the requirements this information is based on can change at any time. Up-to-date information is available at rea.govt.nz.