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.
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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
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
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
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
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