Sale and Purchase Agreements for Auctions: What's Different?

How a sale and purchase agreement works differently at an NZ property auction, and what buyers need to know before bidding.

Proply Team 6 July 2026

No Conditions Once the Hammer Falls

Buying at auction changes the sale and purchase agreement significantly. There's no room for conditional offers — bidding at auction is unconditional, meaning you must have your finance, building report, and LIM already sorted before you raise your paddle. The winning bidder signs the agreement immediately after the auction, with no cooling-off period.

a judge's gavel and an open book on a tablePhoto by Sasun Bughdaryan on Unsplash

For mortgagee auctions specifically, standard vendor warranties — including Code Compliance Certificate warranties — are typically removed from the agreement. The mortgagee generally won't compensate or rectify any damage to the property between the auction date and settlement, either.

Standard Sale

Can include finance, building report and LIM conditions with set deadlines.

Auction Sale

Unconditional from the moment your bid is accepted — no conditions, no cooling-off period.

At a mortgagee auction, standard vendor warranties — including Code Compliance Certificate warranties — are typically removed from the agreement entirely.

Before You Bid at Auction

All your homework needs to be done in advance.

Arrange finance approval

Get formal, confirmed approval before auction day — pre-approval alone isn't enough.

Get the building report done

Have a licensed building inspector assess the property before the auction, not after.

Order and review the LIM

Check for unconsented work or hazard notations while you still have the option to walk away.

Have your lawyer review the agreement beforehand

Ask specifically about any warranties removed, particularly for mortgagee sales.

Quick Summary

  • Auction bids are unconditional — all due diligence must happen beforehand.
  • Mortgagee auctions typically remove standard vendor warranties, including CCC warranties.
  • Have a lawyer review the auction agreement terms before bidding.

Planning to bid at auction?

Proply can help you get your agreement reviewed and finance sorted before auction day.

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