For the first time in a very long while pre-sale contracts for residential properties are hitting the market. Residential developers and their banks have been keeping a low profile these last few years but things are beginning to change.
Tag Archives | Sale and Purchase
Right at the end of last year a High Court judgement was released for the first prosecution under section 141 of the Real Estate Agents Act 2008. That is the section that prohibits a person who is not licenced under the act from carrying out real estate agency work. The section came into force on 16 November 2009.
If you become tempted to purchase a bach over the Christmas period (as a certain partner of ours did one year) then an agreement on an envelope will certainly be legally enforceable if done properly. Debra bought her family bach by recording an agreement on an envelope that included adoption of the standard ADLS/REINZ terms for the sale and purchase of real estate.
Agreements for sales off the plans will include sunset clauses – or “twilight” clauses as a client called them the other day. I like that new name it seems more accurate somehow.
The drafting of a pre-emption clause and option to purchase in a lease was considered by the Court of Appeal. The tenant’s option to purchase had been exercised by Fitzroy Engineering Group Limited and Technix Group Limited was attempting to then exercise its right of pre-emption.
Real estate agents have commonly had their own form of tender conditions. The tender conditions were generally similar and most included terms of sale very close to the ADLS/REINZ form of agreement for sale and purchase. A new standard tender form is welcome.