Question
Note: Any reference to the ADLS agreement means a reference to the REINZ-ADLS Agreement for Sale and Purchase of Real Estate, Eleventh Edition, 2022(2). 1.
Note: Any reference to the "ADLS agreement" means a reference to the REINZ-ADLS Agreement for Sale and Purchase of Real Estate, Eleventh Edition, 2022(2).
1. Explain what a "counter-offer" is and the effect that it has on the original offer. Provide a practical example in your explanation.
2. Explain the normal process of a sale by tender through an analysis of offer and acceptance. In your explanation refer to the relevance of Markholm Construction v Wellington City Council.
3. In the context of contract law, explain the difference between "Offer" and "Invitation to Treat" using case law.
4. Identify 2 courses of action that are available to the vendor under an ADLS agreement for sale and purchase if a purchaser does not pay their deposit on the due date. Explain the processes for implementing each of these.
5. Explain the doctrine of Privity of Contract as applied to an ADLS SPA contractual arrangement with a nominee.
6. If there have been no changes made to the ADLS SPA, when is the deposit required to be paid? In addition, when can the deposit be released to the vendor?
7. In what circumstances can someone cancel a contract under the Contract and Commercial Law Act 2017, and give practical examples of each which might occur in a property sale context?
8. Explain the concept of consideration in relation to contract formation and give an example of when an agreement would lack consideration.
9. What happens if the purchaser is buying a house using an unamended ADLS agreement and finds out, prior to settlement, that there is no Code of Compliance Certificate for a 2-bedroom extension which the vendor has built?
10. In an auction, when is the contract for sale and purchase of the property formed.
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