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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22894
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am buying an apartment in central Auckland from the original

Customer Question

I am buying an apartment in central Auckland from the original purchaser ( a relative of mine) who has decided to resell before the apartment development is completed.
I am not using an is a private sale.
I will use the standard Auckland LawSociety
S &P agreement contract.
Are there any special clauses I need to insert or do I include the original contract between my cousin and the developers as the reference to the sale.
Appreciate your thoughts
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
In this situation I would strongly suggest that you get your lawyer to draft the contract with reference to the apartment. While you can use the standard form, because this is an uncompleted apartment there are a number of areas where you need to be careful. These include checking the assignability of the contract, any personal covenants your relative may have signed, any notice to be given to the developer, and LIM reports, and the construction terms. For the sake of the fees in proportion to the cost of purchase you should not try to save on legal fees in this situation. This may not be what you want, but this is not something I suggest you draft yourself, unless you have considerable experience in property law.
Customer: replied 2 years ago.
Thank you
Appreciate the advice
Expert:  Chris The Lawyer replied 2 years ago.
I hope this was useful

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