Sales and Purchase Agreements

How do I actually make an offer on a property?

Here’s a Video of an Offer I made to secure an Off the Plans Build recently. 

Do not text the agent your offer. Do not simply email the agent your offer. You need to put pen to paper if you are serious and ask the agent for a copy of the S&P agreement (Video below)

A Sales and Purchase Agreement is a legally binding contract for the purchase or sale of a property between the buyer and the seller.

It contains the Terms and Conditions and all other details of the actual sale including prices, settlement dates, access clauses and any other conditions you may add.

Everything is negotiable. Even the chattels.  

Essentially there are two (2) types of offer. It is up to the buyer and the seller which type they will use in the purchase and sale of the property.

 

Conditional Agreement 

This type of contract is the most common. It requires conditions to be met before the sale of the property such as building inspections, finance being approved and several other clauses that may be of requirement.

 This is essentially your get out of Jail free card.

 

Unconditional Agreement aka ‘Cash Unconditional’

This type of contract, on the other hand, has no conditions attached to the sale. However this also means that when the buyer signs the contract, they can no longer terminate and must proceed to settle the contract based on the terms.

 Since an unconditional contract is also not Subject to Finance Approval, this also means that even if the bank does not approve your loan, your contract cannot be terminated. 

You are required to settle by any means possible… did anyone say ‘non bank lender?  

I’ve had to save a few people who thought they had unconditional finance approval then in turn found out that they did not. The bank changed their mind yet they had already gone unconditional on the agreement!!

 

Check out the Video for a more detailed explanation

    Get our advice for free

    Great advice usually has a cost, but our expertise is free to first home buyers because the bank pays us! Banks pay us a commission because we are essentially doing all of the hard work for them. Most importantly we are strictly ‘unaligned’ which means we are not obligated to do business with one particular bank over any other, which means you’re always getting the best options and advice based on which bank is best for you.

    See what our clients have to say

    Social Rating
    5.0
    Based on 29 reviews

    Excellent service. I highly recommend Matt and his team A+
    Ma Hemar
    Ma Hemar
    03:38 25 Dec 23
    Onestop has been the biggest help with buying our house. Matt and Rue especially have put quality into their work. Matt explained everything in detail including making educational videos on what was happening going through the entire process step by step. Rue helped with completing all work with great urgency when we had last minute changes to our documents. The work that this team has produced given us the best opportunities. Biggest recommendation.
    Carlos Flores-lim
    Carlos Flores-lim
    09:48 19 Dec 23
    Absolute pleasure to work with Matt and his team. Achieved great success in purchasing our new home.
    Stephanus Dorfling
    Stephanus Dorfling
    07:33 18 Dec 23
    Matt Has provided me some great information on both my kiwi saver and insurance. He was able to save me money as well as get me more coverage on my current policy. His kiwi saver information was fantastic. Matt took the time to understand my needs and morals around where my money would be invested and provide me a couple of options to look at. If you want someone who has lots of information up to date on technology and provide you honest and good results Matt is your guy
    Dominic Earl-Peacock
    Dominic Earl-Peacock
    23:37 04 Dec 23
    This is now the second time I have used Matt for his financial services and he delivered again in a rough period for banks lending too. I would definately recommend him to anyone looking for a broker as he makes the whole mortgage process very simple. Thanks Matt for all the amazing work you have done for us!
    Terry Hill
    Terry Hill
    18:59 03 Oct 23
    Using Matt and his team was a game-changer. From the get-go, their clarity in communication and promptness in response stood out. Their in-depth knowledge of products across home loans, insurance and KiwiSaver gave me the confidence that I was making the right choices. The cherry on top? Their warm and welcoming nature that made the entire process feel like a breeze. A great experience from start to finish – can't recommend them enough!
    Josh Kumar
    Josh Kumar
    22:13 27 Sep 23
    Matt & team. Thanks for the super effort and guidance through the mortgage application process. Best in the business and can highly recommend Matt's services.
    Brenda Lesser-Dorfling
    Brenda Lesser-Dorfling
    02:36 27 Sep 23
    A couple of years ago Matt showed me an amazing spreadsheet which led to me buying another house which I’m about to settle. Everyone should know what Matt taught me. He and his team have been amazing with their advice and facilitation of everything. Can’t speak highly enough about Matt and his team.
    Ngawai Henare
    Ngawai Henare
    02:06 31 Jul 23
    Matt is awesome to work with. Made purchasing our 1st home easy
    Marie Kite
    Marie Kite
    21:14 26 Jun 23
    Matt and his team is really great at what they do... always keep you posted on the proceedings and give genuine advice.Keep up the great work @Matt Willoughby
    VIKAS JARIYAL
    VIKAS JARIYAL
    02:42 01 Mar 23
    Patient and knowledgeable. Matt guided us through our first home purchase and, a few years later, organised insurance for the family (with a pretty non-standard situation and series of requests). Thanks again!
    Damian Sycamore
    Damian Sycamore
    21:12 08 Dec 22
    I absolutely 100% recommend Matt. Not only is he damn good at what he does, Matt also humanises the whole industry and process. Before Matt was my broker I found everything so daunting but Matt made everything easy and took so much stress off me - giving so much help, guidance and simplifying every step of the way. Most importantly, he made getting my dream home happen!
    Angie F
    Angie F
    21:21 29 Nov 22
    Matt is a highly efficient professional. He’s a pleasure to deal with and was very helpful in coming up with a plan that suited our situation.He’s an investor himself so can provide sound advice around building a property portfolio unlike a lot of brokers who only know loans and insurance.I highly recommend his services and look forward to using Matt again for our next investment property.Thanks mate 😁
    Mitchell Nock
    Mitchell Nock
    09:34 11 Nov 22
    Matt is an excellent financial advisor who guided us through the tricky process of securing our mortgage. Very thorough and professional, yet friendly and relatable would be how I would describe Matt’s approach.
    Dan Frost
    Dan Frost
    19:16 08 Nov 22
    We were over the moon when we found out our finance had been approved for this beautiful home. We purchased a home for our parents as they were getting the boot out of their rental and it was important that we gave them a stable home. Would definitely recommend these guys and will return.Thanks again Matt
    Nicole Faulkner
    Nicole Faulkner
    21:23 02 Oct 22
    Matt and the One Stop team were incredibly helpful securing my mortgage and insurance. He thought out side the box and worked hard to overcome a few hurdles along the way. He was incredibly professional yet relatable and approachable. He made my first home buying experience incredibly smooth and easy. Thanks Matt!
    Gavin Woodward
    Gavin Woodward
    21:57 19 Oct 21
    A great help. made things so much easier for us
    Baby Online
    Baby Online
    04:58 08 Jun 21
    Wow what can I say, my first home buying went so much smoother than I ever imagined! I knew absolutely nothing about mortgages and Matt had explained everything in terms I could totally understand. He made the whole process smooth and seamless, without much work from us because him and his team had done it all! Thank you so much for everything you've done so far 🙂
    Olivia Atrushi
    Olivia Atrushi
    02:47 08 Jun 21
    Matt Willoughby and TeamProfessional, Caring and ProactiveWords cannot explain how grateful we are to work with Matt and his team to buy our very first home. They made the impossible possible. We were delighted by their professionalism and how proactive they were throughout this whole process. Matt and team got our trust from day 1 cos he showed that they care and will do everything possible to make things work. To Matt, Dave and the rest of the Team Matt Willoughby East Tamaki. Thank you so much for your guys relentless effort. We are proud first home owners and we forever appreciate you.
    ea faletau
    ea faletau
    04:10 16 Apr 21
    Matt was easy to work with and did a great job of negotiating good rates for our mortgage. Our pre-approval came through really quickly thanks to Matt and his team. We found the advice received on how to structure the mortgage very clear and helpful.
    Natalie C
    Natalie C
    08:28 07 Apr 21
    Matt and his team were amazing during the entire house hunting and purchasing process. We crossed the line with a wealth of knowledge thanks to Matt taking the time to simplify and considerately interpret the sometimes confusing nature of having a mortgage. Thanks again.
    Matt Setefano
    Matt Setefano
    19:42 24 Feb 21
    I will recommend Matt to everyone. My partner and I owe him for helping us get into the Auckland property market. Not only is he professional, simplifies the daunting process of purchasing a home. He is always a phone call away when you have any questions (very quick in returning a call).When issues or concerns were raised by the bank, Matt went into fight for us and got us across the line.Thanks Matt, five stars ⭐️ ⭐️⭐️⭐️⭐️
    Paul Norman
    Paul Norman
    05:35 29 Sep 20
    My husband and I had a 3year goal in place to buy our first home. A friend of ours told us about Matt Willoughby so i sent him a text. Matt and his amazing team were able to help us buy our first home in less than 6months. What seems impossible quickly became a reality for us.Although a few hiccups on the way, matt was able to quickly fix it and inform us along the way. Ive seen people go through this process of buying a home and being stressed, but our experience was great! absolutely recommend Matt and his team.Thanks again Matt and team for helping us.
    Vaioleti Atiola
    Vaioleti Atiola
    03:08 21 Feb 20
    Our dream of being first home buyers seemed unreachable until we found Matt! Thankyou so much for the awesome advice and encouragement along the way. Excellent!!
    Melanie Boyce
    Melanie Boyce
    05:06 28 May 19
    We would not have been able to fulfill the kiwi dream and buy our first home if it was not for Matt Willoughby Ltd. They respond quickly and were able to communicate in a way that let us understand the entire process. Will use again for any lending in the future.
    Tim Booth
    Tim Booth
    01:15 23 May 19
    Absolutely fantastic, really communicative and patient for a first-home buyer that hasn't gone through this process before. Would highly recommend his services.
    Shane Henderson
    Shane Henderson
    03:24 08 Mar 19
    Matt Willoughby you have helped both me and my partner so much! You have exceeded all expectations and gone above and beyond! Matt helped me and my partner re-finance our mortgage he helped us with everything! It was a struggle as it felt like everything that could go wrong went wrong but he persevered and not only got us a "good" interest rate he got us the BEST interest rate and the BEST repayments. I would highly recommend Matt as he makes the impossible happen and doesn’t pass that stress on! Matt you are amazing take credit you deserve this so much you literally ease the stress and you take the weight off your client’s shoulders! You have done an amazing great job Thank you SOOOOOOOOOOOOOO MUCH 100+ Stars 🙂
    Flo & Geoff
    Flo & Geoff
    20:45 20 Dec 18
    So helpful! Matt helped secure us a really good rate with great cash back and a loan structure that will take years off our mortgage!
    Laura Thompson
    Laura Thompson
    20:10 06 Dec 18