The Sale and Purchase Agreement explained for private sellers
Updated 12 Oct 2026 · 5 minute read
The Sale and Purchase Agreement is the contract between you and your buyer. Everything you agree, from the price to the curtains, goes in it. Here is what it covers and how to handle it when you sell without an agent.
What it is
An agreement to sell a house has to be in writing and signed to be enforceable. In New Zealand almost every sale uses the same standard form, the ADLS/REINZ Agreement for Sale and Purchase of Real Estate. Lawyers know it well, which keeps things quick.
A handshake or a text message saying “deal” is not a sale. Nothing is agreed until it's written into the agreement and both of you have signed.
What goes in it
- The names of the seller and the buyer.
- The property's address and legal description.
- The price, and the deposit and when it's paid.
- The settlement date, which is the day the buyer pays the balance and takes possession.
- The chattels that stay with the house, such as the stove, dishwasher, curtains and light fittings.
- Any conditions the buyer needs met, such as finance or a building report.
- Any further terms either side wants to add.
Conditions matter as much as price. Our guide to conditional vs unconditional offers explains them.
Who prepares it when you sell privately
Your lawyer or conveyancer. Ask them for the agreement for your sale when you first tell them you're selling. They can fill in the property details and add any clauses you need.
Be clear about the chattels. Walk through the house and write down what stays. Arguments about a heat pump remote or a garden shed are easy to avoid on paper and hard to fix afterwards.
How an offer becomes a sale
- The buyer fills in their price, deposit, conditions and settlement date, signs it and sends it to you.
- You accept it by signing, or you change the terms and send it back as a counter-offer.
- This can go back and forth. Each change is initialled so there's a clear record.
- When both of you have signed the same terms, you have an agreement.
See how to negotiate offers for how to handle the back and forth.
Before you sign
Show the offer to your lawyer before you sign it. Once both sides have signed, you're bound by it. There is no cooling-off period in New Zealand, so you can't change your mind a few days later.
The buyer should take their own legal advice too. A buyer who understands what they're signing is far less likely to cause problems later.
How Praedium helps
On Praedium you upload the agreement your lawyer gives you for your sale. Buyers can't make an offer until it's there. Each offer and counter-offer is written onto that agreement and kept on the record, and buyers must confirm they've taken their own legal advice before they submit.
Common questions
Can I write my own Sale and Purchase Agreement?
Any written, signed agreement can bind you, which is exactly why you shouldn't write your own. Use the standard agreement from your lawyer so nothing important is missed.
When does a Sale and Purchase Agreement become binding?
When both parties have signed the same terms. If it has conditions, it's binding subject to those conditions being met.
Can I pull out after signing?
Generally no. There is no cooling-off period in New Zealand. A seller can only cancel in the situations the agreement allows, so get legal advice before you sign.
This guide is general information for New Zealand home sellers, not legal, financial or tax advice. Praedium is not a real estate agent. Every sale is different, so talk to your own lawyer or conveyancer before you sign anything.