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The licensed real estate agent or salesperson handling the sale will provide both the buyer and the vendor with a copy of the New Zealand Residential Property Sale and Purchase Agreement Guide.
Typically, when you're ready to make an offer, you'll meet with your real estate agent and complete the Offer to Purchase form together. You may also want to write your offer with the help of an attorney. Although you can prepare an offer yourself, it's not recommended.
Once a real estate seller and buyer agree to terms, the seller normally signs a real estate purchase agreement or sales contract. Real estate buyers are generally expected to sign purchase agreements first, though, especially during offer and counteroffer phases.
An Offer to Purchase Real Estate (the "Offer") is a document that sets out the basic proposed terms and conditions between the Buyer and the Seller in a real estate transaction. Once the Offer is signed by the Buyer and the Seller, and the contained contingencies are met, it then becomes a legally binding agreement.
But unlike buyers, sellers can't back out and forfeit their earnest deposit money (usually 1-3 percent of the offer price). If you decide to cancel a deal when the home is already under contract, you can be either legally forced to close anyway or sued for financial damages.
A sales and purchase agreement (SPA) is a binding legal contract between two parties that obligates a transaction between a buyer and a seller. SPAs are typically used for real estate transactions, but they are found in all areas of business.
If the seller changes her mind after accepting an offer, especially if the terms of the listing agreement have been met, she usually still owes the broker a commission.Once the offer is accepted, the contract often binds both parties so no one can change their mind without the consent of the other party.
The seller's agent is typically the person who draws up a real estate purchase agreement.