FREE DOWNLOAD
Sale and Purchase Agreement Clauses NZ
The exact clauses I use on almost every deal. Most first-time buyers sign whatever the agent puts in front of them. Don't be one of them.
Free. No spam. Unsubscribe anytime.
Real clauses
Plain English
Copy and use
What's inside
What the clauses cover
The sale and purchase agreement is where you protect yourself. Most buyers treat it like admin , the agent fills it in, they sign it. Experienced investors treat it differently. These are the clauses that give you control, protection, and options.
✅ Customisable Finance clause
✅ Solicitor approval clause
✅ Settlement condition clauses
✅ Early access clause
✅ Due diligence clause
✅ Building inspection clause
✅ Exit clause options
✅ Vendor finance clause
"Most first-time investors sign whatever the agent puts in front of them. I don't. The offer document isn't admin, it's where you protect yourself. Get this wrong and you can be locked into a deal with no way out."
- Nathan Broughton
Why it matters
What is a sale and purchase agreement in New Zealand?
A sale and purchase agreement (S&P) is the legally binding contract between a buyer and seller in a NZ property transaction. Once both parties sign, you're committed, unless you have the right clauses in place that give you conditions to satisfy first.
The standard ADLS sale and purchase agreement gives buyers a framework, but the conditions you add, or don't add, determine how much protection you actually have. A bare unconditional offer means no way out. The right conditional clauses mean you can walk away if the deal doesn't stack up.
For investors buying deal after deal, having a standard set of clauses you use every time is essential. You're not starting from scratch on every offer, you know exactly what you're putting in and why.
Key clauses explained
The clauses every NZ investor should know
Custom Finance clause
Gives you time to confirm your financing is in place. Customise the timeframe (typically 5–15 working days) and the conditions. Your most important clause if you're borrowing.
Due diligence clause
Gives you a window to investigate the property fully before committing. Broader than a building inspection clause , covers anything you need to satisfy yourself the deal works. But caution is needed with this one.
Early Access Clause
Allows you to access the property before you settle (pay for it) Very useful to get quotes, have tenant viewings or even start renovations
Building Report Clause
This is the standard one from the front page of the contract. I will use this for a very specific reason, and not on every offer.
Want the exact wording?
Get the free clause pack , ready to copy into your next offer.
Common mistakes
The most common S&P mistakes NZ buyers make
Going unconditional too fast. Agents push for clean, unconditional offers, it's better for the vendor and it closes the deal faster. That pressure is real, but going unconditional before you've done your checks is how investors get caught on bad deals.
Using the agent's wording. Agents fill in the form. That doesn't mean their wording is in your best interest. Know your own clauses and use them.
Vague conditions. "Subject to finance" with no timeframe or specifics is a weak clause. "Subject to the purchaser arranging finance on terms satisfactory to the purchaser by 5pm on [date]" is a proper one. Specificity matters.
Frequently asked questions
Are these clauses legally enforceable?
The clauses are based on real agreements used in NZ transactions. However, this isn't legal advice, always have your solicitor review your offer before signing, particularly on higher-value or complex deals.
Can I use these on any NZ property?
Yes. These clauses are written for standard NZ residential property transactions using the ADLS sale and purchase agreement. For commercial property or leasehold titles, seek specific legal advice.
What format is the download?
A Google Doc with the clauses written out clearly, with notes on when and how to use each one. Copy the wording directly into your offer.
Is this really free?
Yes. You give me your email, I send you the clauses. You'll also receive my weekly newsletter 'The Value Add Brief' , which you can unsubscribe from anytime.
Protect yourself before you sign.
Get the free Sale & Purchase Clause pack - used by NZ investors on real deals.
Free. No spam. Unsubscribe anytime.
