The For Sale By Owner Purchase Agreement is designed for use in Australian property transactions where property owners choose to sell their property directly to buyers without engaging a real estate agent. This approach has become increasingly popular as it can reduce transaction costs while maintaining legal compliance. The document must comply with Australian federal property laws and state-specific real estate legislation, incorporating all necessary elements for a valid property sale contract. It includes comprehensive sections covering property details, purchase price, settlement terms, conditions precedent, and both parties' rights and obligations. This agreement is particularly relevant in today's market where digital platforms and legal resources make direct property sales more accessible, while still ensuring all legal requirements and protections are met.
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1. Parties: Identifies and provides full legal details of the seller and buyer
2. Background: Brief context of the sale and property overview
3. Definitions: Defines key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including lot number, title details, and address
5. Purchase Price: States the agreed purchase price and payment terms
6. Deposit: Specifies deposit amount, payment timing, and holding arrangements
7. Settlement: Details of settlement date, time, location, and requirements
8. Property Inspection: Terms regarding property inspection rights and conditions
9. Condition of Property: Description of the property's condition and any included/excluded fixtures and fittings
10. Title and Transfer: Requirements for clear title and transfer of ownership
11. Adjustments: How rates, taxes, and other outgoings will be adjusted between parties
12. Default: Consequences of default by either party
13. Notices: How formal notices between parties should be given
14. Governing Law: Specifies that Australian law governs the agreement
15. Execution: Formal signing section with witness requirements
1. Finance Condition: Used when the purchase is subject to the buyer obtaining finance approval
2. Building and Pest Inspection: Include when the sale is conditional on satisfactory building and pest inspections
3. Swimming Pool Compliance: Required if the property includes a swimming pool
4. Tenancy Details: Include if the property is sold subject to an existing tenancy
5. Foreign Investment Approval: Required if the buyer is a foreign person requiring FIRB approval
6. GST Provisions: Include if the sale is subject to GST
7. Special Conditions: Any additional conditions specific to this sale
8. Vendor Finance: Include if the seller is providing financing to the buyer
1. Schedule 1 - Property Inventory: Detailed list of included fixtures, fittings, and chattels
2. Schedule 2 - Title Documents: Copy of title and any registered encumbrances
3. Schedule 3 - Disclosure Statement: Required property disclosures under state law
4. Schedule 4 - Special Conditions: Detailed special conditions if applicable
5. Appendix A - Property Plans: Floor plans, land survey, or other property diagrams
6. Appendix B - Certificates: Relevant certificates including building certificates, compliance certificates
7. Appendix C - Tenancy Documents: Copies of lease agreements if property is tenanted
8. Appendix D - Property Inspection Reports: Any existing building, pest, or other property reports
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