Sale and purchase agreement when you’re selling privately

Last updated: March 2026. Aligned with settled.govt.nz and the Real Estate Authority (REA) where agency sales overlap.

What it is

A sale and purchase agreement is a legally binding contract between you and the buyer. It records the price, the property, chattels, conditions, and settlement date. There is no single “standard” agreement used everywhere — different forms and clauses are in use; always get legal advice before you sign.

Before you sign (non‑negotiable)

Settled.govt.nz is clear: you must sign a written sale and purchase agreement when you sell, and you should always have your lawyer or conveyancer check the agreement before signing — and seek legal advice through the sale. When you sell privately, your lawyer or conveyancer will usually prepare the agreement or review the buyer’s draft. Forms are available from bodies such as the Auckland District Law Society (ADLS) or as digital agreements online.

REA guide to the residential SPA

If you sell through a licensed agent, before you sign they must give you the REA’s New Zealand Residential Property Sale and Purchase Agreement Guide and record that you received it. Private sellers won’t receive that step from an agent — but the same guide [PDF] published via settled.govt.nz is a useful plain‑English overview of what is in an agreement and what happens after you sign.

What is typically in the agreement

As summarised on settled.govt.nz, an agreement usually covers:

• Your name(s) and the buyer’s name(s)
• The property address and type of title (e.g. freehold, leasehold)
• The price and any deposit
• Chattels included (e.g. stove, floor coverings, heat pumps)
• Specific conditions you or the buyer need satisfied, and timeframes
• The settlement date (when the balance is paid and the buyer usually gets possession)
• Interest on overdue payments, where applicable

General clauses you must comply with

Agreements also include general obligations — for example access for the buyer before settlement, insurance until settlement, and what happens if either party defaults. Your lawyer or conveyancer should explain these clauses in your specific contract.

Fixtures and chattels

Settled.govt.nz explains that fixtures are generally part of the land; chattels are moveable and only sell if listed. List what is included or excluded clearly to avoid disputes. Chattels listed are often expected to be in working order unless the agreement says otherwise.

After you sign

Signing is not the end: you work through conditions until the agreement is unconditional (or it may be unconditional from the start). The buyer pays the deposit according to the agreement; when you sell privately, settled.govt.nz notes your lawyer or conveyancer should hold the deposit in their trust account until the sale is unconditional. The balance is paid on settlement day through your lawyers.

If something involves a licensed agent

If you have a problem with a licensed real estate professional you cannot resolve with them, the REA explains how to make a complaint. For broader “what if it goes wrong” steps, see settled.govt.nz’s getting help when selling.

This page is general information based on settled.govt.nz and REA public material. It is not legal advice. Always consult your own lawyer or conveyancer before signing.