The Condo Purchase Agreement is a crucial legal document used in Australian residential property transactions involving strata-titled properties. It is required whenever a condominium or unit is being transferred from a vendor to a purchaser, whether for investment or residential purposes. The agreement must comply with various Australian federal and state legislation, including property law, strata schemes management acts, and consumer protection laws. This comprehensive document includes essential elements such as property details, purchase price, settlement terms, strata-specific provisions, and both parties' obligations. The agreement also addresses important aspects such as title transfer, property condition, included fixtures and fittings, and specific strata scheme requirements. It may need to be adapted based on state-specific requirements and whether the property is existing or off-the-plan.
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1. Parties: Identification of the Vendor (Seller) and Purchaser (Buyer) with full legal names and addresses
2. Background: Context of the transaction, including brief property description and intention to sell/purchase
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the property including lot number, strata plan number, and included fixtures/fittings
5. Purchase Price: Agreed purchase price, deposit amount, and payment terms
6. Settlement: Settlement date, requirements, and process
7. Title and Transfer: Details regarding transfer of title and associated requirements
8. Vendor's Warranties: Warranties provided by the vendor regarding the property's condition and title
9. Purchaser's Warranties: Warranties and acknowledgments provided by the purchaser
10. Condition of Property: State of the property at settlement and associated obligations
11. Strata Specific Provisions: Provisions relating to strata title, owners corporation, and common property
12. Default: Consequences and remedies in case of default by either party
13. GST: GST treatment of the transaction
14. Notices: Process for giving and receiving notices under the agreement
15. General Provisions: Standard contract clauses including governing law, entire agreement, and severability
16. Execution: Signing provisions and execution blocks
1. Foreign Investment Review Board Approval: Required when purchaser is a foreign person requiring FIRB approval
2. Finance Condition: Optional clause making the purchase conditional on the purchaser obtaining finance
3. Building and Pest Inspection: Condition allowing for building and pest inspections and related termination rights
4. Sale of Existing Property: Condition making purchase subject to sale of purchaser's existing property
5. Rental Guarantee: Provisions for rental guarantee if property is sold with investment guarantees
6. Off-the-Plan Provisions: Additional provisions required for off-the-plan purchases
7. Property Management: Provisions for ongoing property management if included in the sale
8. Special Conditions: Any unique conditions specific to the transaction
1. Property Schedule: Detailed property description including lot number, measurements, and included fixtures
2. Disclosure Statement: Statutory disclosures required under state legislation
3. Strata Information: Current strata report, by-laws, and financial statements
4. Form 1: Statutory warning statement required in some states
5. Special Conditions Schedule: Details of any special conditions applicable to the sale
6. Payment Schedule: Detailed breakdown of purchase price, deposit, and payment terms
7. Included Chattels: List of moveable items included in the sale
8. Building Inspection Report: Results of building inspection if completed prior to contract
9. Title Documents: Copy of title and registered encumbrances
10. Plans and Drawings: Floor plans, strata plans, and any relevant architectural drawings
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