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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14210
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If a property sale and purchase agreement is signed by all

Customer Question

If a property sale and purchase agreement is signed by all parties and a copy of the contract emailed before 9am on a business day, is the date of the contract or that day deemed to be the first business day?
As "working day" shall be deemed to commence at 9.00am and to terminate at 5.00pm.
More specifically - if a condition is worded “within 10 working days OF the date of this agreement”
ie; would the 1st working day be Tuesday 12th May (as was signed by all parties and passed to lawyers prior to 9am)?
Thanks and regards
Judy
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
The Interpretation Act says as follows:-35 Time(1)A period of time described as beginning at, on, or with a specified day, act, or event includes that day or the day of the act or event.(2)A period of time described as beginning from or after a specified day, act, or event does not include that day or the day of the act or event.(3)A period of time described as ending by, on, at, or with, or as continuing to or until, a specified day, act, or event includes that day or the day of the act or event.(4)A period of time described as ending before a specified day, act, or event does not include that day or the day of the act or event.
Expert:  Chris The Lawyer replied 1 year ago.
The term "working days" can mean different things but for your purpose would exclude weekends and public holidays. Under section 35 your contract would commence on the day it was signed and emailed, which would be day one. Even though it was sent before 9 a.m. that would be the first day.
Customer: replied 1 year ago.
Hi Chris, for specific clarification as there are two clauses with different interpretations;
1. Builders report clause states "Should the purchaser in good faith be dissatisfied with any matter contained in the report the purchaser may terminate this agreement by notice in writing to the Vendor or Vendor's solicitor, such notice to be received within ten working days of the date of the agreement"
Therefore am I correct in your answer that the first working day is the date of the agreement being Tuesday 12th May and the 10th working day would have been Monday 25th May?2. the finance date is "10 working days from the date of this contract" so in this case it would be today, Tuesday 26th?Thanks again and best regards
Judy
Expert:  Chris The Lawyer replied 1 year ago.
I think you are correct as s35(2) does say "from" a specified day does not include that day
Customer: replied 1 year ago.
Thanks Chris, am I correct in the interpretation for my point 1. ?
Expert:  Chris The Lawyer replied 1 year ago.
Yes, I agree with you on both points and should have said so
Customer: replied 1 year ago.
Excellent, thanks Chris :)
Expert:  Chris The Lawyer replied 1 year ago.
Glad to help

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