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Personal Property Sales Contract for Australia

Personal Property Sales Contract Template for Australia

A comprehensive legal document governed by Australian law that formalizes the sale and purchase of personal property between parties. This contract complies with the Australian Consumer Law and relevant state-based Sale of Goods Acts, incorporating necessary consumer protections and warranties. It details the terms and conditions of the sale, including property description, purchase price, payment terms, delivery arrangements, risk transfer, and warranties, while ensuring compliance with Australian personal property securities legislation where applicable.

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Personal Property Sales Contract

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What is a Personal Property Sales Contract?

The Personal Property Sales Contract is essential for formalizing transactions involving movable property in Australia. It is designed for use in both business-to-business and business-to-consumer contexts, complying with the Australian Consumer Law, state-based Sale of Goods Acts, and the Personal Property Securities Act 2009 (Cth). This document should be used whenever transferring ownership of personal property, from simple consumer goods to complex equipment. It includes crucial elements such as property description, price, payment terms, delivery arrangements, warranties, and risk transfer provisions. The contract ensures legal protection for both parties while meeting Australian statutory requirements for consumer protection and fair trading.

What sections should be included in a Personal Property Sales Contract?

1. Parties: Identification and details of the seller and buyer

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

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

4. Sale and Purchase: Core agreement to sell and purchase the property, including description of the property

5. Purchase Price: Amount to be paid and payment terms

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

7. Completion: Timing and requirements for completion of the sale

8. Delivery: Arrangements for delivery or collection of the property

9. Risk and Title: When risk and title pass from seller to buyer

10. Seller's Warranties: Warranties about the property's condition, ownership, and encumbrances

11. Buyer's Acknowledgments: Buyer's confirmations about inspection and acceptance of the property

12. Default: Consequences of either party failing to complete the contract

13. Notices: How formal notices under the contract must be given

14. General Provisions: Standard contract clauses including governing law, entire agreement, etc.

15. Execution: Signing provisions and execution blocks

What sections are optional to include in a Personal Property Sales Contract?

1. Finance: Include when the purchase is subject to the buyer obtaining finance

2. Installation: Include when the property requires professional installation

3. Training: Include when training is required for complex equipment

4. Maintenance: Include when ongoing maintenance is part of the sale

5. Insurance: Include when specific insurance requirements apply during transition

6. Intellectual Property: Include when the sale includes software or other IP rights

7. Security Interest: Include when there is a PPSA security interest involved

8. Trade-in: Include when there is a trade-in component to the transaction

What schedules should be included in a Personal Property Sales Contract?

1. Property Description: Detailed description of the property including specifications, serial numbers, etc.

2. Condition Report: Detailed report on the condition of the property at time of sale

3. Payment Schedule: If payment is in installments, detailed payment schedule

4. Delivery Details: Specific delivery or collection instructions and requirements

5. Warranty Terms: Full warranty terms and conditions

6. Maintenance Schedule: If applicable, detailed maintenance requirements and schedule

7. Certificate of Title: For registered property, copy of title or ownership documents

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

Retail

Manufacturing

Agriculture

Construction

Technology

Automotive

Marine

Aviation

Mining

Professional Services

Education

Healthcare

Transport and Logistics

Small Business

Relevant Teams

Legal

Procurement

Sales

Operations

Finance

Compliance

Risk Management

Commercial

Asset Management

Administration

Relevant Roles

Sales Manager

Procurement Manager

Contract Administrator

Legal Counsel

Business Owner

Operations Manager

Commercial Manager

Finance Manager

Asset Manager

Compliance Officer

Risk Manager

General Manager

Chief Financial Officer

Chief Operating 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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