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Conditional Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Conditional Purchase Agreement is a crucial legal instrument in Australian property transactions where the sale is subject to specific conditions being fulfilled before becoming binding. This document is commonly used when purchasing properties that require finance approval, due diligence periods, development approvals, or other specific conditions. The agreement provides a framework for both parties to proceed with the transaction while protecting their interests through clearly defined conditions, timeframes, and obligations. It includes essential elements such as property details, purchase price, payment terms, conditions precedent, and completion requirements, all structured to comply with Australian property and contract law. The document is particularly valuable in complex property transactions where certainty is needed about specific conditions being met before the purchase becomes unconditional.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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



































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Relevant Industries

Real Estate

Commercial Property

Residential Property

Property Development

Construction

Retail

Industrial

Agriculture

Hospitality

Manufacturing

Relevant Teams

Legal

Real Estate

Property

Commercial

Acquisitions

Business Development

Finance

Compliance

Risk Management

Development

Projects

Relevant Roles

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

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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