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Conditional Purchase Agreement
"I need a Conditional Purchase Agreement for acquiring a commercial warehouse property in Melbourne, with the purchase being conditional on obtaining development approval and environmental clearance by March 2025."
1. Parties: Identifies and provides full details of all parties to the agreement
2. Background: Provides context and purpose of the agreement, including property details
3. Definitions and Interpretation: Defines key terms and establishes interpretation principles
4. Purchase Price and Payment Terms: Specifies the agreed purchase price, deposit requirements, and payment schedule
5. Conditions Precedent: Details all conditions that must be satisfied before the purchase becomes binding
6. Completion Requirements: Specifies requirements and obligations for completion of the purchase
7. Property Details and Transfer: Details the property being purchased and transfer requirements
8. Warranties and Representations: Sets out warranties given by both parties regarding the property and transaction
9. Default and Termination: Specifies circumstances of default and termination rights
10. Costs and Stamp Duty: Allocates responsibility for transaction costs and stamp duty
11. Notices: Specifies how formal notices must be given between parties
12. General Provisions: Includes standard boilerplate clauses such as governing law, entire agreement, etc
1. Due Diligence: Used when the buyer requires a due diligence period to investigate the property
2. Finance Condition: Included when the purchase is subject to the buyer obtaining finance approval
3. Development Approval: Required when purchase is conditional on obtaining specific development approvals
4. Environmental Matters: Included for properties where environmental issues need consideration
5. Existing Tenancies: Required when the property is sold subject to existing lease agreements
6. GST Provisions: Detailed GST clauses required for commercial property transactions
7. Foreign Investment Approval: Required when the buyer needs FIRB approval
8. Building and Pest Inspection: Common in residential purchases, specifying inspection requirements and timeframes
1. Property Description Schedule: Detailed description of the property including title details and inclusions
2. Purchase Price Schedule: Breakdown of purchase price, deposit, and payment terms
3. Conditions Precedent Schedule: Detailed list of all conditions and their fulfillment requirements
4. Completion Checklist: List of items required for completion
5. Disclosure Statement: Required statutory disclosures about the property
6. Existing Tenancies Schedule: Details of any existing leases or tenancy arrangements
7. Special Conditions: Any special or additional conditions specific to the transaction
8. Form of Transfer: Pro forma transfer document to be used at completion
Authors
Real Estate
Commercial Property
Residential Property
Property Development
Construction
Retail
Industrial
Agriculture
Hospitality
Manufacturing
Legal
Real Estate
Property
Commercial
Acquisitions
Business Development
Finance
Compliance
Risk Management
Development
Projects
Legal Counsel
Property Lawyer
Real Estate Agent
Property Developer
Commercial Manager
Contract Manager
Property Manager
Acquisition Manager
Business Development Manager
Finance Manager
Compliance Officer
Risk Manager
Development Manager
Project Manager
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