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Agreement Of Sale Of Immovable Property Template for Australia

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Key Requirements PROMPT example:

Agreement Of Sale Of Immovable Property

"I need an Agreement of Sale of Immovable Property for a commercial warehouse property in Sydney, Australia, with settlement scheduled for March 2025, including specific provisions for existing tenant rights and environmental compliance requirements."

Document background
The Agreement Of Sale Of Immovable Property is a fundamental legal document used in Australian property transactions to formalize the sale and purchase of real estate. It serves as the primary contract between vendors and purchasers, establishing their rights, obligations, and the terms of the property transfer. This document is essential for any real estate transaction in Australia and must comply with both federal legislation and state-specific requirements, including the Conveyancing Act, Real Property Act, and relevant consumer protection laws. The agreement covers crucial aspects such as property description, purchase price, settlement terms, warranties, and special conditions, while also addressing state-specific requirements for property transfers. It's designed to protect both parties' interests and ensure a legally compliant property transaction.
Suggested Sections

1. Parties: Identification and details of the vendor and purchaser

2. Background: Context of the sale and brief description of the property

3. Definitions and Interpretation: Definitions of key terms and rules for interpreting the agreement

4. Property Description: Detailed description of the property including title details, boundaries, and inclusions/exclusions

5. Purchase Price: Agreed purchase price, deposit requirements, and payment terms

6. Settlement: Settlement date, requirements, and procedures

7. Title and Transfer: Provisions regarding transfer of title and associated requirements

8. Vendor's Warranties: Warranties provided by the vendor regarding the property

9. Purchaser's Warranties: Warranties and acknowledgments provided by the purchaser

10. Adjustments: Provisions for adjusting rates, taxes, and other outgoings

11. Risk and Insurance: Transfer of risk and insurance requirements

12. Default and Termination: Consequences of default and termination rights

13. Notices: Requirements for giving notices under the agreement

14. General Provisions: Standard boilerplate clauses including governing law, entire agreement, etc.

15. Execution: Execution blocks for all parties

Optional Sections

1. Foreign Investment: Required when purchaser is a foreign person under FIRB regulations

2. GST: Required when the property sale is subject to GST

3. Building and Pest Inspection: Optional condition for purchaser to obtain satisfactory inspections

4. Finance: Conditional upon purchaser obtaining satisfactory finance

5. Special Conditions: Any special conditions specific to the transaction

6. Tenancies: Required when property is sold subject to existing tenancies

7. Swimming Pool Compliance: Required when property includes a swimming pool

8. Strata Title Provisions: Required for strata title properties

9. Development Approval: Required when sale is conditional upon obtaining development approval

Suggested Schedules

1. Property Schedule: Detailed description of land, improvements, and title particulars

2. Inclusions Schedule: List of chattels and fixtures included in the sale

3. Exclusions Schedule: List of items specifically excluded from the sale

4. Disclosure Statement: Required statutory disclosures as per state legislation

5. Special Conditions Schedule: Detailed special conditions applicable to the sale

6. Tenancy Schedule: Details of existing tenancies (if applicable)

7. Form 1: Statutory warning statement required in some states

8. Certificate of Title: Copy of the current title certificate

9. Plan of Land: Survey plan or registered plan of the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


























































Clauses



































Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Financial Services

Banking

Investment

Agriculture (for rural properties)

Retail (for commercial properties)

Hospitality (for commercial properties)

Industrial

Mining (for resource-rich properties)

Education (for institutional properties)

Healthcare (for medical facilities)

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Corporate Services

Investment

Operations

Risk Management

Finance

Business Development

Acquisitions

Portfolio Management

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Property Manager

Legal Counsel

Corporate Lawyer

Property Developer

Investment Manager

Real Estate Investment Officer

Compliance Officer

Contract Manager

Settlement Agent

Title Officer

Property Valuer

Commercial Director

Real Estate Portfolio Manager

Industries










Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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