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The Unregistered Sale Agreement With Possession is a specialized property transaction document used in Australian jurisdictions when circumstances require or parties agree to the purchaser taking possession of the property before the sale is formally registered. This arrangement might be necessary due to timing requirements, financial considerations, or other practical circumstances. The document requires careful drafting to address the unique risks and responsibilities that arise during the period between possession and registration, including maintenance obligations, insurance requirements, and liability allocation. It must comply with relevant state/territory property laws and the common law of contract, while providing adequate protection for both parties during this interim period. This type of agreement is particularly common in situations involving staged settlements, vendor financing arrangements, or when there are delays in formal registration processes.

1. Parties: Identifies and defines the seller and purchaser with full legal names and addresses

2. Background: Sets out the context of the agreement, including the seller's ownership of the property and the parties' intention to enter into an unregistered sale agreement with possession

3. Definitions: Defines key terms used throughout the agreement

4. Sale of Property: Details the property being sold and confirms the seller's agreement to sell and the purchaser's agreement to buy

5. Purchase Price: Specifies the agreed purchase price and payment terms

6. Possession: Details the terms and conditions of the purchaser taking possession of the property

7. Rights and Obligations: Outlines the ongoing rights and obligations of both parties while the property remains unregistered

8. Property Condition and Maintenance: Specifies responsibilities for maintaining the property during the possession period

9. Insurance: Details insurance requirements and responsibilities

10. Default and Termination: Specifies what constitutes default and the consequences of breach

11. Dispute Resolution: Outlines the process for resolving disputes between parties

12. General Provisions: Contains standard boilerplate clauses including notices, governing law, and entire agreement

13. Execution: Formal signing section including witness requirements