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Deed Of Sale Of Real Property for Australia

Deed Of Sale Of Real Property Template for Australia

A formal legal instrument used in Australian property law to effect the transfer of real property ownership from a vendor to a purchaser. This deed serves as a binding document that details all aspects of the property sale, including the precise property description, purchase price, settlement terms, and various warranties and obligations of both parties. It is executed as a deed rather than a simple contract to provide additional legal certainty and enforceability, and must comply with the requirements of Australian state and federal property legislation, including the Real Property Act and relevant Conveyancing Acts.

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Deed Of Sale Of Real Property

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What is a Deed Of Sale Of Real Property?

The Deed of Sale of Real Property is a fundamental legal instrument in Australian property transactions, used when transferring ownership of real estate from one party to another. This document is essential for both residential and commercial property transactions across all Australian states and territories, though specific requirements may vary by jurisdiction. The deed must be prepared in accordance with state-specific property and conveyancing legislation, and typically includes comprehensive details about the property, parties involved, purchase price, settlement arrangements, and various warranties and obligations. It differs from a standard contract of sale as it is executed as a deed, providing additional legal protections and a longer limitation period for enforcement. The document is particularly important as it forms the basis for the property transfer in the Torrens Title system and must be lodged with the relevant state land registry.

What sections should be included in a Deed Of Sale Of Real Property?

1. Parties: Identifies and provides full details of the Vendor/Seller and Purchaser/Buyer, including ACN/ABN for companies

2. Background: Outlines the context of the sale, including brief property description and intention to transfer

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes rules for interpretation

4. Property Details: Comprehensive description of the property including lot number, title reference, address, and included fixtures/fittings

5. Sale and Purchase: Core agreement to sell and purchase the property, including purchase price and payment terms

6. Deposit: Details of deposit amount, payment timing, and holding arrangements

7. Settlement: Settlement date, time, location, and requirements for completion

8. Adjustments: Process for adjusting rates, taxes, and outgoings between parties

9. Title and Transfer: Warranties regarding title, transfer process, and registration requirements

10. Vendor's Warranties: Standard warranties given by the vendor regarding the property

11. Purchaser's Warranties: Standard warranties given by the purchaser regarding capacity to complete

12. Default and Termination: Consequences and remedies for default by either party

13. Goods and Services Tax: GST treatment of the sale and related obligations

14. Notices: Process and requirements for giving notices under the deed

15. General Provisions: Standard boilerplate provisions including governing law, entire agreement, etc.

16. Execution: Formal execution block for parties to sign as a deed

What sections are optional to include in a Deed Of Sale Of Real Property?

1. Tenancies: Required when the property is sold subject to existing tenancies, detailing lease arrangements

2. Environmental Matters: Required when there are known environmental issues or contamination

3. Planning and Development: Required when there are ongoing development applications or approvals

4. Body Corporate: Required for strata-titled properties, detailing body corporate arrangements

5. Special Conditions: For any unique requirements specific to the transaction

6. Foreign Investment: Required when purchaser is a foreign person under FIRB regulations

7. Chattels: Required when significant moveable items are included in the sale

8. Building and Pest: When sale is subject to building and pest inspection conditions

9. Finance: When sale is subject to finance approval conditions

What schedules should be included in a Deed Of Sale Of Real Property?

1. Property Schedule: Detailed description of land, improvements, and title particulars

2. Included Chattels: Itemized list of moveable property included in the sale

3. Excluded Chattels: Itemized list of moveable property explicitly excluded from the sale

4. Tenancy Schedule: Details of any existing tenancies, including key lease terms

5. Outstanding Orders: List of any outstanding notices or orders affecting the property

6. Disclosure Documents: Required statutory disclosures and certificates

7. Transfer Documents: Forms and documents required for title transfer

8. Settlement Checklist: List of items to be delivered at settlement

9. Special Conditions: Detailed special conditions applicable to the sale

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Sale Deed

Sector

Cost

Free to use
Relevant legal definitions






















































Clauses









































Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Banking and Finance

Investment Management

Property Management

Commercial Property

Residential Property

Agriculture (for rural properties)

Retail

Hospitality

Industrial

Relevant Teams

Legal

Property

Compliance

Risk Management

Real Estate

Acquisitions

Investment

Operations

Corporate Services

Finance

Due Diligence

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Property Manager

Commercial Property Director

Legal Counsel

Company Secretary

Property Development Manager

Investment Manager

Settlement Officer

Compliance Officer

Real Estate Partner

Director of Acquisitions

Chief Legal Officer

Property Portfolio Manager

Risk Manager

Title Officer

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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