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What is a Real Estate Purchase Agreement?

A Real Estate Purchase Agreement is your binding contract when buying or selling property in Australia. It spells out the exact terms of your property sale, including the agreed price, deposit amount, settlement date, and any special conditions. Real estate agents and conveyancers typically help prepare these agreements using state-specific templates that comply with local property laws.

The agreement must list all included fixtures and fittings, detail any pest or building inspection requirements, and specify the cooling-off period under state regulations. Once both parties sign, this legal document protects your interests and creates clear obligations for everyone involved in the property transfer. Your conveyancer will review it carefully before you sign to ensure everything matches your understanding of the deal.

When should you use a Real Estate Purchase Agreement?

You need a Real Estate Purchase Agreement any time you're buying or selling property in Australia - from houses and apartments to commercial buildings and vacant land. The moment you've negotiated a price and basic terms with the other party, it's time to put this agreement in place. This protects both sides by documenting exactly what was agreed.

Get this agreement drafted before paying any deposit or making major commitments. Common triggers include accepting an offer at auction, reaching a verbal agreement through a real estate agent, or deciding to buy directly from an owner. Having your conveyancer review it early helps catch potential issues with the property title, zoning restrictions, or special conditions that could affect the sale.

What are the different types of Real Estate Purchase Agreement?

Who should typically use a Real Estate Purchase Agreement?

  • Property Buyers and Sellers: The main parties who sign the Real Estate Purchase Agreement and are legally bound by its terms
  • Real Estate Agents: Help negotiate terms and often prepare the initial agreement using state-approved forms
  • Conveyancers/Solicitors: Review and modify the agreement, ensure legal compliance, and protect their client's interests
  • Banks/Lenders: Review the agreement as part of mortgage approval, ensuring terms align with their lending requirements
  • Property Developers: Use specialized versions for off-the-plan sales or multi-unit developments
  • Building Inspectors: Named in agreements to conduct required inspections within specified timeframes

How do you write a Real Estate Purchase Agreement?

  • Property Details: Gather exact address, title details, land measurements, and included fixtures/fittings
  • Price Terms: Document agreed purchase price, deposit amount, and payment schedule
  • Party Information: Collect full legal names, contact details, and ABNs for all buyers and sellers
  • Key Dates: Set settlement date, inspection periods, and finance approval deadlines
  • Special Conditions: List any agreed repairs, tenancy arrangements, or specific requirements
  • Legal Requirements: Check state-specific cooling-off periods and disclosure obligations
  • Document Generation: Use our platform to create a compliant agreement that includes all mandatory elements

What should be included in a Real Estate Purchase Agreement?

  • Party Details: Full legal names, addresses, and ABNs of all buyers and sellers
  • Property Description: Precise address, title reference, lot details, and included fixtures/chattels
  • Financial Terms: Purchase price, deposit amount, payment schedule, and settlement details
  • Timeframes: Settlement date, cooling-off period, and finance approval deadlines
  • Conditions: Building/pest inspection requirements, finance approval, and special conditions
  • Legal Notices: State-specific warnings, disclosure statements, and cooling-off rights
  • Default Provisions: Consequences of breach and dispute resolution procedures
  • Execution Block: Signature spaces, witness requirements, and date fields

What's the difference between a Real Estate Purchase Agreement and a Buyer Representation Agreement?

A Real Estate Purchase Agreement differs significantly from a Buyer Representation Agreement in several key ways. While both documents are used in property transactions, they serve distinct purposes and come into play at different stages of the buying process.

  • Primary Purpose: A Real Estate Purchase Agreement finalizes the actual property sale between buyer and seller, while a Buyer Representation Agreement establishes the relationship between a buyer and their real estate agent
  • Timing: The Representation Agreement comes first, often signed when you start house hunting, while the Purchase Agreement is signed once you've found a property and agreed on terms
  • Legal Effect: Purchase Agreements transfer property ownership and are binding on both buyer and seller. Representation Agreements only outline agent services and commission structures
  • Parties Involved: Purchase Agreements bind the property buyer and seller, while Representation Agreements exist between the buyer and their agent only

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