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Real Estate Offer To Purchase Contract Template for Australia

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Key Requirements PROMPT example:

Real Estate Offer To Purchase Contract

"I need a Real Estate Offer To Purchase Contract for a commercial warehouse property in Sydney, Australia, with settlement scheduled for March 2025, including specific conditions for existing tenant rights and environmental compliance requirements."

Document background
A Real Estate Offer To Purchase Contract is a fundamental document in Australian property transactions, used when a potential buyer wishes to formalize their offer to purchase real estate. This document is typically prepared after initial negotiations but before the final contract of sale, serving as the formal written offer that, upon acceptance, becomes legally binding. It must comply with Australian federal law and state-specific property legislation, including relevant consumer protection provisions and disclosure requirements. The contract includes essential elements such as property details, purchase price, deposit arrangements, settlement terms, conditions precedent (such as finance and inspections), and any special conditions. It's commonly used in both residential and commercial property transactions and forms the basis for subsequent conveyancing processes.
Suggested Sections

1. Parties: Identification and details of the buyer(s) and seller(s), including full legal names, addresses, and contact information

2. Background: Context of the transaction and brief description of the intent to purchase real estate

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

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

5. Purchase Price: The offered purchase price, deposit amount, and payment terms

6. Deposit Terms: Details of deposit payment, holding arrangements, and conditions

7. Settlement: Settlement date, location, and requirements

8. Property Inspection: Terms regarding property inspection rights and conditions

9. Finance: Finance conditions, deadline for finance approval, and related terms

10. Title Search: Requirements and conditions for title search and verification

11. Property Condition: State of the property at settlement and seller's warranties

12. Default: Consequences and remedies in case of default by either party

13. Notices: How and where notices must be served between parties

14. Execution: Signing requirements and execution provisions

Optional Sections

1. Foreign Investment: Required when buyer is a foreign person under FIRB rules, including necessary approvals and conditions

2. Building and Pest Inspection: Optional condition for when buyer requires building and pest inspection before proceeding

3. Sale of Existing Property: Conditional clause when purchase depends on buyer selling their existing property

4. Special Conditions: Any additional conditions specific to the transaction

5. Tenant Rights: Required when property is sold with existing tenants, including lease details and rights

6. Swimming Pool Compliance: Required when property includes a swimming pool, covering compliance certificates and requirements

7. Body Corporate: Required for strata-titled properties, including body corporate details and obligations

8. GST Provisions: Required when GST is applicable to the transaction

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed list of included fixtures, fittings, and other items included in the sale

2. Schedule 2 - Special Conditions: Detailed listing of any special conditions applicable to the sale

3. Schedule 3 - Required Disclosure Documents: State-specific disclosure documents required by law

4. Appendix A - Property Title Documents: Copy of title documents and relevant searches

5. Appendix B - Property Plans: Floor plans, land surveys, and other relevant property plans

6. Appendix C - Certificates: Relevant certificates including zoning, building approvals, and compliance certificates

7. Appendix D - Recent Property Tax Assessments: Current property tax assessments and rates notices

8. Appendix E - Building Reports: Any existing building inspection reports or certificates

Authors

Alex Denne

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

Relevant legal definitions



































Clauses




























Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Legal Services

Professional Services

Retail

Healthcare

Education

Manufacturing

Hospitality

Technology

Relevant Teams

Legal

Real Estate

Property Management

Facilities

Finance

Compliance

Risk Management

Corporate Services

Business Development

Operations

Investment

Procurement

Relevant Roles

Real Estate Agent

Property Manager

Conveyancer

Property Lawyer

Legal Counsel

Compliance Officer

Property Development Manager

Acquisition Manager

Chief Financial Officer

Facilities Manager

Investment Manager

Portfolio Manager

Real Estate Broker

Business Development Manager

Corporate Real Estate 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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