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Earnest Money Contract
"I need an Earnest Money Contract for purchasing a residential property in Sydney, Australia, with a 5% deposit and settlement date of March 15, 2025, including conditions for finance approval and building inspection."
1. Parties: Identifies and provides full details of the buyer and seller
2. Background: Establishes the context of the transaction and the parties' intention to enter into a property purchase agreement
3. Definitions: Defines key terms used throughout the contract
4. Property Description: Detailed description of the property being purchased, including legal description and address
5. Purchase Price: States the total purchase price and payment terms
6. Earnest Money: Specifies the earnest money amount, payment deadline, and handling requirements
7. Due Diligence Period: Establishes the timeframe and terms for the buyer's property investigation
8. Settlement: Details the settlement process, timing, and requirements
9. Default and Remedies: Outlines what constitutes default and the available remedies for both parties
10. Representations and Warranties: Lists the representations and warranties made by both parties
11. Notices: Specifies how and where formal notices must be delivered
12. Governing Law: Establishes that Australian law governs the agreement and specifies the relevant state/territory
13. Execution: Formal signing section with date and witness requirements
1. Finance Condition: Include when the purchase is subject to the buyer obtaining finance approval
2. Building and Pest Inspection: Include when the agreement is conditional on satisfactory building and pest inspections
3. Sale of Existing Property: Include when the purchase is conditional on the buyer selling their existing property
4. Foreign Investment Review Board Approval: Include when the buyer is a foreign person requiring FIRB approval
5. Tenant Rights: Include when the property is sold subject to existing tenancy
6. Swimming Pool Compliance: Include when the property includes a swimming pool requiring compliance certification
7. Special Conditions: Include when there are unique circumstances or requirements specific to the transaction
1. Schedule 1 - Property Details: Comprehensive property details including lot number, plan, title reference, and improvements
2. Schedule 2 - Included Chattels: List of fixtures and fittings included in the sale
3. Schedule 3 - Excluded Items: List of items specifically excluded from the sale
4. Schedule 4 - Special Conditions: Detailed special conditions if applicable
5. Schedule 5 - Disclosure Statement: Required property disclosures under relevant state/territory law
6. Appendix A - Property Title Search: Copy of current title search
7. Appendix B - Property Plan: Survey plan or registered plan of the property
8. Appendix C - Certificates: Relevant certificates including zoning and planning certificates
Authors
Real Estate
Property Development
Legal Services
Financial Services
Construction
Property Management
Banking
Investment
Professional Services
Insurance
Legal
Real Estate
Compliance
Risk Management
Property Management
Sales
Operations
Contract Administration
Investment
Due Diligence
Real Estate Agent
Property Lawyer
Conveyancer
Property Developer
Investment Manager
Legal Counsel
Compliance Officer
Property Manager
Sales Manager
Contract Administrator
Risk Manager
Chief Legal Officer
Real Estate Portfolio Manager
Property Acquisition Manager
Settlement Officer
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