The Owner Financed Sales Contract is a specialized legal instrument used in Australian property transactions where traditional bank financing is either not preferred or not available. This document serves as both a sales agreement and a financing arrangement, typically used in situations where sellers are willing to accept periodic payments from buyers instead of a lump sum payment. The contract must comply with Australian federal and state-specific legislation, including the National Consumer Credit Protection Act 2009 and relevant property laws. It details the property transfer terms, financing conditions, security arrangements, and obligations of both parties throughout the payment period. This type of agreement is particularly relevant in private sales, rural properties, commercial real estate transactions, or situations where buyers may face challenges accessing traditional mortgage financing.
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1. Parties: Identification and details of the Vendor (Owner-Financier) and Purchaser
2. Background: Context of the sale and financing arrangement, including property overview
3. Definitions: Key terms used throughout the agreement
4. Property Details: Comprehensive description of the property being sold including title details
5. Purchase Price and Financing Terms: Total purchase price, down payment, loan amount, interest rate, and payment schedule
6. Payment Terms: Detailed payment obligations including frequency, method, and late payment provisions
7. Security Interest: Details of the vendor's security interest in the property until full payment
8. Title Transfer Conditions: Terms and timing for the transfer of legal title
9. Purchaser's Covenants: Obligations regarding property maintenance, insurance, rates, and taxes
10. Default and Remedies: Consequences of default and available remedies for both parties
11. Insurance Requirements: Required insurance coverage and arrangements
12. Property Maintenance and Use: Requirements for maintaining and using the property during the finance period
13. Costs and Outgoings: Responsibility for various costs, taxes, and fees
14. General Provisions: Standard contract clauses including notices, governing law, and dispute resolution
1. Early Repayment Provisions: Terms for early loan repayment and any associated fees or calculations
2. Property Management: Required when the property is part of a managed facility or complex
3. Foreign Investment Provisions: Required when either party is a foreign person under FIRB regulations
4. GST Provisions: Detailed GST treatment when applicable to the transaction
5. Guarantor Provisions: When a guarantor is required for the purchase
6. Development Conditions: When the property has pending or required development works
7. Tenant Provisions: When the property is sold with existing tenants
8. Business Assets: When the sale includes business assets along with the property
1. Property Schedule: Detailed property description, including lot number, title reference, and inclusions/exclusions
2. Payment Schedule: Detailed amortization schedule showing payment breakdowns
3. Special Conditions: Any special conditions or variations to standard terms
4. Certificate of Title: Copy of the current title certificate
5. Property Condition Report: Detailed report on property condition at time of sale
6. Insurance Certificates: Copies of required insurance certificates
7. Property Tax Certificates: Current property tax assessment and payment status
8. Disclosure Statement: Required statutory disclosures for owner-financing arrangements
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Real Estate
Property Development
Financial Services
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Construction
Agriculture
Commercial Property
Residential Property
Small Business
Relevant Teams
Legal
Real Estate
Finance
Compliance
Risk Management
Property Management
Commercial Operations
Credit Administration
Business Development
Contract Administration
Relevant Roles
Property Lawyer
Real Estate Agent
Property Manager
Financial Controller
Legal Counsel
Conveyancing Manager
Credit Manager
Commercial Director
Property Developer
Business Owner
Finance Manager
Compliance Officer
Risk Manager
Contract Administrator
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