The Wholesale Real Estate Purchase Agreement is a sophisticated legal instrument designed for significant commercial property transactions in Australia. It is primarily used when dealing with high-value commercial, industrial, or retail properties where both parties are experienced in property dealings. The document incorporates essential elements required under Australian federal and state property laws, including GST provisions, foreign investment considerations, and state-specific transfer requirements. It provides comprehensive coverage of due diligence processes, warranties, property transfer mechanisms, and completion procedures, while addressing specific commercial considerations such as existing tenancies, development potential, and environmental matters. This agreement type is distinguished from standard residential contracts by its complexity and inclusion of commercial-specific provisions, making it suitable for large-scale property transactions between business entities.
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1. Parties: Identification of the seller and buyer, including full legal names, ACN/ABN for companies, and registered addresses
2. Background: Context of the transaction, including brief property description and purpose of the agreement
3. Definitions and Interpretation: Defined terms used throughout the agreement and rules for interpreting the document
4. Property Details: Comprehensive description of the property, including lot number, title details, and included fixtures/fittings
5. Purchase Price: The agreed purchase price, payment terms, deposit requirements, and payment schedule
6. GST Provisions: GST treatment of the sale, including any going concern provisions if applicable
7. Due Diligence: Terms and timeframe for buyer's due diligence investigations
8. Conditions Precedent: Conditions that must be satisfied before completion becomes mandatory
9. Pre-completion Obligations: Obligations of both parties between exchange and completion
10. Completion: Requirements and process for completion of the sale
11. Adjustments: How outgoings, income, and expenses will be adjusted between parties
12. Warranties: Seller's warranties regarding the property and buyer's warranties regarding capacity
13. Default and Termination: Consequences of default and circumstances allowing termination
14. Notices: How formal notices must be given under the agreement
15. General Provisions: Standard boilerplate clauses including governing law, entire agreement, etc.
1. Tenant Provisions: Required if the property is sold subject to existing tenancies, addressing treatment of leases and securities
2. Development Conditions: Include when the sale is conditional on specific development approvals or permissions
3. Environmental Matters: Required for properties with known environmental issues or contamination
4. Foreign Investment Approval: Include when buyer requires FIRB approval
5. Vendor Finance: Include when seller is providing financing for part of the purchase price
6. Management Rights: Required for properties with existing management agreements that transfer with the sale
7. Building and Equipment Warranties: Include when transferring specific warranties or guarantees with the property
8. Intellectual Property: Required when sale includes trading names, logos, or other IP associated with the property
1. Property Schedule: Detailed property description, including title particulars, encumbrances, and easements
2. Disclosure Schedule: Seller's disclosures regarding the property's condition and known issues
3. Tenancy Schedule: Details of all existing tenancies, including lease terms and rental income
4. Inventory: List of included chattels, equipment, and other removable items
5. Due Diligence Checklist: List of documents and information to be provided for due diligence
6. Form of Transfer: Prescribed form of transfer document required by the relevant state authority
7. Special Conditions: Any special or additional conditions specific to the transaction
8. Plans and Drawings: Relevant plans, surveys, and technical drawings of the property
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Commercial Property
Property Development
Retail
Industrial
Logistics
Hospitality
Healthcare
Manufacturing
Warehousing
Office Space
Mixed-Use Development
Relevant Teams
Legal
Real Estate
Property Development
Finance
Acquisitions
Asset Management
Investment
Risk Management
Compliance
Due Diligence
Commercial Operations
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Property Development Manager
Real Estate Director
Commercial Property Manager
Legal Counsel
Investment Manager
Asset Manager
Acquisitions Manager
Development Director
Portfolio Manager
Real Estate Investment Manager
Property Valuation Manager
Due Diligence Manager
Transaction Manager
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