Before signing a purchase and sale agreement, the agent must provide you with a copy of the REA New Zealand Residential Property Sale and Purchase Agreement. You should also ask yourself to confirm in writing that you have received it. The contract consists of five main parts: (1) Description of the transaction; (2) the terms of the contract; (3) representations and guarantees; (4) liability restrictions; (5) conditions. As a general rule, the contract defines a minimum of liability that can be the subject of a debate on the seller`s liability, so that the parties exclude the possibility of minor issues. For each transaction, depending on the size, the amount of the being in which the parties feel comfortable in structuring the agreement. Before a transaction can take place, the buyer and seller negotiate the price of the item for sale and the terms of the transaction. The G.S.O. is a framework for the negotiation process. The SPA is often used when buying a major purchase, such as a . B a lot, or frequent purchases over a period of time. The last expected phase of an ATM process is called the sales contract or SPA.
After all the due diligence and if a buyer has analyzed the actual state of the business for sale, it is finally time to represent the price of the contract and the sale price of the business. This is therefore the document that will be formalized in an authentic deed and which will ultimately be presented to a notary, including all the conditions of sale. The terms of the sales and sale agreement include, among other things, prohibitions on competition. These clauses are intended to prevent the seller from setting up a parallel business and taking customers from you. It aims to protect the goodwill of the company. The buyer will try to prevent the seller from creating a new competitive business that will damage the value of the business sold. The sales contract therefore contains restrictive agreements that prevent the seller (for a fixed period and in certain geographic regions) from recruiting existing customers, suppliers or employees and, more generally, from competing with the sale of the business. These restrictive alliances must be adequate in geography, size and duration. Otherwise, they may be in violation of competition law.
6.1 The seller guarantees that the goods sold below are free of processing and material defects. The seller`s liability under the above warranty is limited to replacing the goods or repairing defects or refunding the purchase price at the seller`s choice. No other express or tacit guarantees are granted by the seller and none is subordinated or presumed. A purchase and sale agreement (SPA) is a legally binding contract that describes the agreed terms of the buyer and seller of a property (for example. B of a company). It is the most important legal document in any sales process. Essentially, it presents the agreed elements of the agreement, contains a number of safeguard measures important to all parties involved and provides the legal framework for the conclusion of the sale. The G.S.O. is therefore essential for both sellers and buyers. If it is not a sale of assets, but a sale of shares and shares, it is a section that defines exactly what is being sold (. B for example, all shares or only a certain amount of shares). When several companies and shares of companies are involved, the details of what is within the scope of the transaction will be clarified in more detail.
This refers to the fact that you are able to arrange the payment, for example. B a mortgage or a loan. Some agreements may provide (for the benefit of the seller) that if you are unable to provide financing and cannot meet this requirement, you must provide proof from your bank confirming that your financing has been refused.