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Commercial Property Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Commercial Property Purchase Agreement Template

"I need a Commercial Property Purchase Agreement Template for acquiring a multi-tenant office building in Sydney, Australia, with existing tenancies that need to be preserved and specific environmental compliance requirements due to the building's heritage status."

Document background
The Commercial Property Purchase Agreement Template is designed for use in Australian commercial real estate transactions, providing a robust framework for documenting property sales between businesses or commercial entities. This template is specifically crafted to comply with Australian federal and state property laws, incorporating essential elements required for commercial property transfers in Australia. It should be used when purchasing or selling any type of commercial property, including office buildings, retail spaces, industrial facilities, or mixed-use developments. The document covers crucial aspects such as property details, purchase terms, due diligence requirements, warranties, and settlement procedures, while allowing for customization based on specific transaction requirements and state/territory variations. It includes provisions for GST, stamp duty, and other Australian-specific legal and tax considerations.
Suggested Sections

1. Parties: Identifies and provides full legal details of the vendor and purchaser

2. Background: Outlines the context of the transaction and the parties' intention to enter into the agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation

4. Property Details: Comprehensive description of the property including address, title details, and included fixtures/fittings

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

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

7. Conditions Precedent: Conditions that must be satisfied before the agreement becomes unconditional

8. Due Diligence: Terms regarding the purchaser's right to investigate the property and associated requirements

9. Warranties and Representations: Vendor's warranties about the property and business representations

10. Risk and Insurance: Allocation of risk and insurance requirements before and after settlement

11. Default and Termination: Consequences of default and circumstances allowing termination

12. GST: GST treatment of the transaction and related obligations

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

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

15. General Provisions: Standard legal provisions including governing law, entire agreement, and severability

16. Execution: Formal execution blocks for all parties

Optional Sections

1. Tenant Provisions: Required when the property is sold subject to existing tenancies, including assignment of leases

2. Environmental Matters: Required when there are specific environmental concerns or compliance requirements

3. Development Provisions: Include when the property has ongoing or pending development applications or approvals

4. Foreign Investment: Required when the purchaser is a foreign entity requiring FIRB approval

5. Building and Pest: Optional provisions for building and pest inspection conditions

6. Finance: Include when the purchase is subject to finance approval

7. Business Assets: Required when the sale includes business assets beyond the property itself

8. Management Rights: Include for properties with management rights arrangements

9. Intellectual Property: Required when the sale includes transfer of associated intellectual property

Suggested Schedules

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

2. Inclusions and Exclusions: Itemized list of fixtures, fittings, and equipment included or excluded from the sale

3. Disclosure Statement: Vendor's disclosures about the property as required by law

4. Existing Tenancies: Details of current lease arrangements and tenant information

5. Due Diligence Checklist: List of documents and information to be provided for due diligence

6. Permitted Encumbrances: List of endorsed encumbrances that will remain on title

7. Settlement Requirements: Detailed checklist of settlement requirements and deliverables

8. Building Compliance: Certificates and compliance documentation for the building

9. Property Management Records: Historical maintenance and management documentation

10. Form of Transfer: Prescribed form for property transfer as required by the relevant state/territory

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Commercial Real Estate

Retail

Industrial

Office Space

Healthcare

Hospitality

Manufacturing

Warehousing

Professional Services

Education

Technology

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Operations

Business Development

Property Management

Facilities Management

Investment

Asset Management

Due Diligence

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Commercial Property Lawyer

Real Estate Director

Property Manager

Investment Manager

Asset Manager

Legal Counsel

Compliance Officer

Business Development Manager

Facilities Manager

Real Estate Agent

Property Developer

Commercial Director

Risk Manager

Transaction 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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