The Offer To Purchase And Sale Agreement is a fundamental document in Australian property transactions, used when a potential buyer wishes to formalize their intention to purchase real property and establish the terms of the sale. This document is particularly relevant in both residential and commercial property transactions across all Australian states and territories, though specific requirements may vary by jurisdiction. It encompasses essential elements such as property details, purchase price, settlement terms, conditions precedent, and statutory warranties. The agreement serves a dual purpose: initially as a formal offer to purchase and, upon acceptance, as the binding contract of sale. It must comply with state-specific property laws, the Australian Consumer Law, and relevant property transfer regulations. This type of agreement is commonly used in arm's length transactions and can be adapted for various property types, from residential homes to commercial properties.
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1. Parties: Identifies and provides full details of the Vendor (Seller) and Purchaser (Buyer)
2. Background: Outlines the context of the sale, including brief property description and intention to sell/purchase
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Property Details: Comprehensive description of the property including lot number, title details, and included fixtures/fittings
5. Purchase Price: States the agreed purchase price, deposit amount, and payment terms
6. Deposit: Specifies deposit amount, payment timing, and holding arrangements
7. Settlement: Details of settlement date, time, location, and requirements
8. Title and Transfer: Provisions regarding transfer of title and associated requirements
9. Vendor Warranties: Warranties provided by the vendor regarding the property's condition and title
10. Purchaser Warranties: Warranties provided by the purchaser regarding capacity to purchase and finance
11. Conditions Precedent: Any conditions that must be satisfied before the agreement becomes unconditional
12. Risk and Insurance: Allocation of risk and insurance requirements until settlement
13. Default and Termination: Consequences of default and circumstances allowing termination
14. Notices: Requirements for giving notices under the agreement
15. General Provisions: Standard legal provisions including governing law, entire agreement, and variation
1. Existing Tenancies: Required when the property is sold subject to existing tenancies, detailing tenant rights and obligations
2. Finance Condition: Include when purchase is subject to the purchaser obtaining finance approval
3. Building and Pest Inspection: Include when purchase is subject to satisfactory building and pest inspections
4. Swimming Pool Compliance: Required when property includes a swimming pool, detailing compliance requirements
5. GST Provisions: Required for commercial properties or new residential premises subject to GST
6. Foreign Investment Approval: Required when purchaser is a foreign person requiring FIRB approval
7. Special Conditions: Any additional conditions specific to the particular transaction
8. Development Approval: Required when property is sold subject to development approval
9. Body Corporate Provisions: Required for strata-titled properties
1. Property Schedule: Detailed description of land, improvements, and included chattels
2. Included Fixtures and Fittings: Itemized list of all fixtures and fittings included in the sale
3. Excluded Items: List of items specifically excluded from the sale
4. Disclosure Statement: Required statutory disclosures about the property
5. Title Search: Current title search showing encumbrances and restrictions
6. Tenancy Details: Details of any existing tenancies including lease terms
7. Special Conditions: Detailed special conditions applicable to the sale
8. Property Certificate: Local authority property information certificate
9. Building Approvals: Copies of relevant building approvals and certificates
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