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Contract To Sell Form for Australia

Contract To Sell Form Template for Australia

A Contract to Sell Form is a legally binding document used in Australian jurisdictions to formalize the sale of goods, assets, or property between parties. This document complies with Australian contract law and relevant state-specific legislation, incorporating essential elements such as party details, subject matter description, purchase price, payment terms, delivery arrangements, and warranties. It serves as a comprehensive agreement that protects both the seller's and buyer's interests while ensuring compliance with Australian Consumer Law and other applicable regulations.

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What is a Contract To Sell Form?

The Contract to Sell Form is a fundamental legal document used across Australian jurisdictions to document and formalize sales transactions between parties. It is particularly useful for businesses and individuals engaging in the sale of goods, assets, or property, where a formal record of the agreement terms is necessary. The document includes essential information such as party details, item descriptions, pricing, payment terms, delivery arrangements, and warranties, while ensuring compliance with Australian Consumer Law, state-specific legislation, and common law principles. This form should be used whenever a formal sale agreement is required, especially for significant transactions or where clear documentation of terms is important for future reference or legal certainty.

What sections should be included in a Contract To Sell Form?

1. Parties: Identifies and provides full details of the seller and buyer, including legal names, addresses, and ACN/ABN if applicable

2. Background: Outlines the context of the sale and basic premises of the agreement

3. Definitions: Defines key terms used throughout the contract

4. Subject Matter of Sale: Detailed description of the goods or property being sold

5. Purchase Price: Specifies the agreed purchase price, including GST status and payment terms

6. Payment Terms: Details of how and when payment is to be made

7. Delivery and Transfer of Title: Specifies when and how the goods will be delivered and when legal ownership transfers

8. Seller's Warranties: Warranties provided by the seller regarding the goods or property

9. Buyer's Acknowledgments: Confirmations and acknowledgments made by the buyer

10. Risk and Insurance: Specifies when risk passes to the buyer and insurance requirements

11. Default and Termination: Consequences of breach and termination provisions

12. Governing Law: Specifies that Australian law governs the agreement and jurisdiction

13. Execution: Formal signing section with date and witness provisions

What sections are optional to include in a Contract To Sell Form?

1. Condition of Goods: Detailed section about the condition of goods - used for second-hand or specific condition items

2. Installment Payments: Used when payment is to be made in installments, including payment schedule

3. Security Interest: Required when the seller maintains a security interest in the goods until full payment

4. Inspection Rights: Used for sales where pre-delivery inspection is relevant

5. Intellectual Property: Required when the sale includes intellectual property rights

6. Training and Support: Used when the sale includes post-sale support or training obligations

7. Confidentiality: Required for sales involving confidential information or trade secrets

What schedules should be included in a Contract To Sell Form?

1. Schedule 1 - Description of Goods: Detailed specifications, photographs, or technical details of the goods being sold

2. Schedule 2 - Payment Schedule: Detailed breakdown of payment terms and dates if involving installments

3. Schedule 3 - Delivery Details: Specific delivery instructions, locations, and timeframes

4. Appendix A - Condition Report: Detailed report on the condition of goods, particularly for used items

5. Appendix B - Warranties and Guarantees: Copies of manufacturer warranties or additional guarantees

6. Appendix C - Compliance Certificates: Any relevant compliance or safety certificates for the goods

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

Ƶ

Sector

Cost

Free to use
Relevant legal definitions

































Clauses



























Relevant Industries

Retail

Manufacturing

Wholesale Trade

Agriculture

Mining

Construction

Professional Services

Real Estate

Automotive

Technology

Industrial Equipment

Consumer Goods

Small Business

Relevant Teams

Legal

Sales

Procurement

Commercial

Operations

Finance

Compliance

Risk Management

Supply Chain

Contract Administration

Business Development

Relevant Roles

Sales Manager

Procurement Manager

Business Owner

Contract Administrator

Legal Counsel

Commercial Manager

Operations Manager

Business Development Manager

Finance Manager

Compliance Officer

General Manager

Company Secretary

Risk Manager

Supply Chain 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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