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If you're making an offer on a property by faxing through a (ADLS) Sale & Purcahse agreement with Further Terms Of Sale, are you also required to fax through ALL the other pages containing the standard terms and conditions?
I've just found a facsimilie clause that includes the following...
...and the parties further acknowledge that the general conditions of sale contained in the New Zealand Real Estate Institute and New Zealand Law Society Form (7th Edition) shall form part of this agreement.
Yes a fax clause has to be inserted as one of the conditions.
Lawyers differ on their opinion on this one, as do agents. Some say yes, others say no. My thoughts are that it is not necessary as it is covered in the 7th edition (not in 6th edition) S&P agreement under clause 1.2 (2) (b).
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