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The Real Estate Purchase Agreement With Seller Financing is designed for situations where traditional bank financing is either not preferred or not available for an Australian property purchase. This document is particularly useful in scenarios where sellers are willing to act as lenders, offering more flexible terms than traditional financial institutions. The agreement includes comprehensive provisions covering both the property sale and the financing arrangement, ensuring compliance with Australian property law, consumer credit legislation, and security requirements. It details the property specifications, purchase price, down payment, financing terms, interest rates, repayment schedule, and security arrangements. This type of agreement is commonly used in private property sales, family transactions, or when buyers need alternative financing options. The document must comply with Australian federal and state-specific requirements for both property transfers and credit arrangements, making it suitable for use across different Australian jurisdictions while accounting for local property regulations.

1. Parties: Identifies and provides full legal details of the seller and buyer

2. Background: Outlines the context of the agreement, including the seller's ownership of the property and willingness to provide financing

3. Definitions: Defines key terms used throughout the agreement

4. Property Details: Comprehensive description of the property being sold, including legal description and included fixtures/fittings

5. Purchase Price: States the total purchase price and how it is to be paid

6. Financing Terms: Details of the seller financing arrangement, including principal amount, interest rate, payment schedule, and loan term

7. Security Interest: Specifies the security provided to the seller, typically a mortgage over the property

8. Settlement: Details of the settlement process, timing, and requirements

9. Title and Transfer: Provisions regarding transfer of title, seller's warranties of title, and registration requirements

10. Conditions Precedent: Conditions that must be satisfied before settlement can occur

11. Due Diligence: Buyer's rights and obligations regarding property inspection and investigation

12. Default and Remedies: Consequences of default by either party and available remedies

13. Insurance and Risk: Requirements for property insurance and allocation of risk

14. Costs and Stamp Duty: Allocation of transaction costs and stamp duty obligations

15. General Provisions: Standard contract clauses including notices, governing law, and dispute resolution