Authors: Authors: Hamish Douch, Michael Hofmann-Body, Nick Kearney, Katherine Mexted, Duncan Terris, Anita Wan
Published: 20 August 2024
Pages: 176

Foreword

This book has been prepared as a resource for participants in the NZLS CLE entry level workshop on residential conveyancing.

It is offered as basic background material for the workshop and is drawn from many sources, particularly McMorland, Sale of Land and Hinde, McMorland and Sim, Land Law in New Zealand. Students, and other users of the book, are encouraged to refer to these sources for a fuller understanding of particular issues.

The topics chosen for inclusion in the book reflect, but are not limited to, the issues raised in the problem-solving exercises included in the teaching programme.

Please note that where the terms “ADLS/REINZ agreement” or “standard form agreement” are used in these materials they refer to the REINZ/ADLSi Agreement for Sale and Purchase form, Eleventh Edition, 2022 (Standard Form Agreement). It is acknowledged that many agreements used today are prepared after a property has sold at auction, and the clause numbering in the auction contract and the effect of the clauses themselves are different (ie there is no ability for the purchaser to requisition the title). Nevertheless, this book is prepared on the basis that the agreement is not one following an auction.

It also needs to be noted that although the Standard Form Agreement is the most common form of agreement used, there are still many agreements prepared that can contain minor variations to the clauses and terms in the standard form agreement, and clauses and terms that differ vastly from the standard form agreement.

Nick Kearney

Book updated June 2024