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For Sale By Owner Offer To Purchase Contract for Australia

For Sale By Owner Offer To Purchase Contract Template for Australia

This is a legally binding contract used in Australian property transactions where the owner is selling their property directly without a real estate agent's involvement. The document outlines the terms and conditions of the property sale, including purchase price, settlement details, property specifications, and both parties' obligations. It incorporates relevant Australian property law requirements, consumer protection provisions, and state-specific regulations for property transfers. The contract serves as the primary agreement between the seller and buyer, detailing all aspects of the transaction from offer to settlement.

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What is a For Sale By Owner Offer To Purchase Contract?

The For Sale By Owner Offer To Purchase Contract is designed for use in Australian property transactions where property owners choose to sell their property directly to buyers without engaging a real estate agent. This approach can reduce selling costs but requires a comprehensive legal document that protects both parties' interests. The contract includes essential elements such as property details, purchase price, settlement terms, conditions precedent, and statutory requirements. It must comply with Australian property law, state-specific regulations, and consumer protection legislation. The document is particularly relevant in private property sales and must incorporate all necessary legal safeguards typically provided in agent-managed sales, including cooling-off periods, disclosure requirements, and settlement procedures.

What sections should be included in a For Sale By Owner Offer To Purchase Contract?

1. Parties: Identification of the Seller and Buyer with full legal names and contact details

2. Background: Context of the sale and brief property description

3. Definitions: Definitions of key terms used throughout the contract

4. Property Details: Complete legal description of the property including lot number, title details, and street address

5. Purchase Price: Agreed purchase price and payment terms including deposit details

6. Settlement: Settlement date, time, and location details

7. Property Inspection: Terms regarding property inspections and condition reports

8. Title and Transfer: Conditions regarding clear title and transfer of ownership

9. Seller's Warranties: Warranties regarding property condition, ownership, and encumbrances

10. Buyer's Warranties: Warranties regarding financial capacity and purchase intention

11. Default and Termination: Consequences of default and termination rights

12. Notices: Process for giving and receiving formal notices

13. Governing Law: Specification of Australian law and jurisdiction

14. Execution: Signing requirements and execution details

What sections are optional to include in a For Sale By Owner Offer To Purchase Contract?

1. Chattels and Fixtures: List of included/excluded items when specific items need to be detailed

2. Finance Condition: When buyer requires finance approval for purchase

3. Building and Pest Inspection: When specific inspection conditions are required

4. Existing Tenancy: When property is sold with existing tenants

5. Swimming Pool Compliance: When property includes a swimming pool

6. Foreign Investment Approval: When buyer is a foreign person requiring FIRB approval

7. Special Conditions: Any unique conditions specific to the transaction

8. GST Provisions: When property sale is subject to GST

What schedules should be included in a For Sale By Owner Offer To Purchase Contract?

1. Schedule 1 - Property Details: Detailed property description including lot plan, certificate of title

2. Schedule 2 - Included Chattels: Itemized list of fixtures and fittings included in sale

3. Schedule 3 - Special Conditions: Detailed special conditions if applicable

4. Schedule 4 - Property Disclosure Statement: Seller's disclosures about property condition and known issues

5. Appendix A - Property Title Search: Current title search results

6. Appendix B - Property Plans: Floor plans and property drawings

7. Appendix C - Certificates: Relevant certificates including building certificates, compliance certificates

8. Appendix D - Pre-settlement Inspection Report: Template for pre-settlement inspection

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

Sector

Cost

Free to use
Relevant legal definitions


































Clauses






























Relevant Industries

Real Estate

Property Development

Legal Services

Banking and Finance

Construction

Property Management

Insurance

Conveyancing Services

Relevant Teams

Legal

Property Management

Conveyancing

Compliance

Risk Management

Operations

Documentation

Finance

Administration

Relevant Roles

Property Owner

Property Buyer

Conveyancer

Property Lawyer

Legal Counsel

Bank Manager

Mortgage Broker

Property Valuer

Building Inspector

Settlement Agent

Title Officer

Compliance Officer

Legal Administrator

Property Manager

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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