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Commercial Lease Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Commercial Lease Purchase Agreement

"I need a Commercial Lease Purchase Agreement for a retail warehouse property in Melbourne, with a 3-year initial lease starting March 2025 and purchase option exercisable after 18 months, including specific provisions for cold storage facilities and loading dock usage."

Document background
The Commercial Lease Purchase Agreement is a sophisticated legal instrument used in Australian commercial property transactions where a tenant wishes to lease a property with the option to purchase it in the future. This arrangement is particularly useful for businesses wanting to secure a property while maintaining initial capital flexibility. The document combines elements of both lease and sale agreements, incorporating specific requirements under Australian federal and state property laws, retail leasing legislation, and commercial contract regulations. It typically includes detailed provisions about property usage, maintenance obligations, rent calculations, purchase price determination, option exercise periods, and completion requirements. This type of agreement is commonly used in commercial property acquisitions, business expansions, and strategic property investments where immediate purchase isn't preferred or possible.
Suggested Sections

1. Parties: Identification of all parties to the agreement including full legal names and addresses

2. Background: Context of the agreement, including property details and intention to lease with option to purchase

3. Definitions: Defined terms used throughout the agreement

4. Property Description: Detailed description of the property including lot number, title details, and improvements

5. Lease Terms: Core leasing provisions including term, rent, outgoings, and maintenance obligations

6. Purchase Option: Terms of the purchase option including price, exercise period, and mechanism for exercising the option

7. Payment Terms: Details of all payments including rent, deposit, purchase price, and payment methods

8. Conditions Precedent: Any conditions that must be satisfied before the agreement becomes effective

9. Tenant's Obligations: Comprehensive list of tenant responsibilities during the lease period

10. Landlord's Obligations: Comprehensive list of landlord responsibilities during the lease period

11. Insurance Requirements: Required insurance coverage for both parties

12. Default and Remedies: Consequences of default and available remedies for both parties

13. Assignment and Subletting: Terms regarding transfer of rights under the agreement

14. Notices: Process for giving formal notices under the agreement

15. Governing Law: Specification of applicable law and jurisdiction

16. Execution: Formal execution provisions and signing requirements

Optional Sections

1. Due Diligence: Included when the tenant requires a due diligence period before confirming the purchase option

2. Finance Provisions: Added when specific financing arrangements are part of the agreement

3. Environmental Matters: Required when the property has specific environmental considerations or obligations

4. Development Rights: Included when the tenant has rights to develop or modify the property

5. GST Provisions: Detailed GST terms when applicable to the transaction

6. Management Rights: Included for properties with specific management requirements or restrictions

7. Right of First Refusal: Added when the tenant has additional purchase rights beyond the primary option

8. Interim Repairs and Improvements: Included when specific works are planned during the lease period

Suggested Schedules

1. Property Schedule: Detailed property description including plans and certificates of title

2. Rent Schedule: Breakdown of rent payments, increases, and review dates

3. Outgoings Schedule: List of outgoings and allocation between parties

4. Permitted Use: Detailed description of allowed uses of the property

5. Condition Report: Detailed report on property condition at lease commencement

6. Purchase Price Calculation: Formula or method for determining final purchase price

7. Essential Terms: Summary of key commercial terms for easy reference

8. Required Insurance: Detailed insurance requirements and minimum coverage amounts

9. Fitout Specifications: Details of any agreed tenant fitout works

10. Special Conditions: Any additional terms specific to the transaction

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

Retail

Commercial Property

Manufacturing

Hospitality

Healthcare

Professional Services

Warehousing and Logistics

Education

Technology

Industrial

Relevant Teams

Legal

Finance

Operations

Facilities Management

Risk and Compliance

Property Management

Business Development

Executive Leadership

Real Estate

Corporate Services

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Property Manager

Real Estate Lawyer

Commercial Property Lawyer

Facilities Manager

Business Development Manager

Operations Director

Finance Director

Legal Counsel

Commercial Director

Property Development Manager

Risk Manager

Compliance Officer

Business Owner

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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