In this episode, we are joined by Shelley Funnell who is a solicitor and HendersonReeves in Auckland. During the show we discussed the new sale and purchase agreement that was introduced on the 6th December 2019. The Real Estate Institute of New Zealand (REINZ), Auckland District Law Society (ADLS) sale and purchase agreement is the standard S+P that is used to buy and sell property in NZ.
The new version of the contract (the 10th version of the document) is important for property investment because several clauses have changed. For instance, the interpretation of the finance clause is such that you are no longer able to use the finance clause in the same way as a due diligence clause (a get out of jail free card). If property investors want to cancel a contract using the finance condition, then the vendor can require that evidence is provided that the buyer was unable to obtain funds for the purchase.
Other changes have also been made in respect to the use of fax machines, and toxicology reports.
HendersonReeves is a medium-sized law practice based in Auckland and Whangarei.
