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For Sale By Owner Offer And Acceptance Form Template for Australia

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Key Requirements PROMPT example:

For Sale By Owner Offer And Acceptance Form

"I need a For Sale By Owner Offer And Acceptance Form for selling my three-bedroom house in Brisbane, with settlement planned for March 2025, and I want to include conditions for building and pest inspection."

Document background
The For Sale By Owner Offer and Acceptance Form is a crucial document in the Australian real estate market, designed for property sellers who choose to manage their own sales process without full real estate agent services. This comprehensive legal instrument is used across all Australian states and territories, though specific requirements may vary by jurisdiction. The document serves as both an offer to purchase by the potential buyer and, when accepted by the seller, becomes the binding contract of sale. It includes essential elements such as property details, purchase price, settlement terms, and any conditions of sale, while also incorporating necessary consumer protections and statutory requirements. This form is particularly relevant in the growing "for sale by owner" market segment, where property owners seek to maintain greater control over the sales process while potentially reducing transaction costs. The document must be compliant with relevant state/territory property legislation and consumer protection laws.
Suggested Sections

1. Parties: Identification of the seller(s) and buyer(s) including full legal names, addresses, and contact details

2. Background: Brief context of the sale, including property ownership status and intention to transfer

3. Definitions: Key terms used throughout the document defined for clarity and legal certainty

4. Property Details: Full legal description of the property including lot number, title details, and street address

5. Purchase Price: The agreed purchase price and payment terms including deposit amount and payment method

6. Deposit Terms: Details of the deposit amount, when it must be paid, and how it will be held

7. Settlement: Settlement date, time, and location details, including processes for adjustment of outgoings

8. Property Condition: Current condition of the property and any included/excluded fixtures and fittings

9. Seller's Warranties: Standard warranties about property ownership, encumbrances, and condition

10. Buyer's Acknowledgments: Confirmations from the buyer regarding property inspection and satisfaction with condition

11. Default Provisions: Consequences and remedies if either party fails to complete the transaction

12. Execution: Signing provisions and declaration of acceptance by both parties

Optional Sections

1. Finance Condition: Used when the buyer requires finance approval to proceed with the purchase

2. Building and Pest Inspection: Included when the buyer wishes to make the purchase conditional on satisfactory inspections

3. Swimming Pool Compliance: Required when the property includes a swimming pool, detailing compliance requirements

4. Special Conditions: For any additional terms specific to the transaction

5. Foreign Investment Review Board Approval: Required when the buyer is a foreign person requiring FIRB approval

6. Tenancy Details: Included when the property is sold with existing tenants

7. GST Provisions: Required when the transaction may have GST implications

8. Agent's Details: Optional section for cases where an agent is involved in part of the process

Suggested Schedules

1. Schedule 1 - Included Fixtures and Fittings: Detailed list of all items included in the sale

2. Schedule 2 - Excluded Items: List of items specifically excluded from the sale

3. Schedule 3 - Special Conditions: Detailed special conditions if any apply to the sale

4. Schedule 4 - Property Disclosure Statement: Seller's disclosures about property condition and known issues

5. Appendix A - Property Title Documents: Copy of current title search and registered encumbrances

6. Appendix B - Property Plans: Floor plans, land survey, or other relevant property plans

7. Appendix C - Certificates: Relevant certificates such as building approvals or compliance certificates

8. Appendix D - Buyer's Inspection Reports: Any inspection reports obtained by the buyer

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

Real Estate

Legal Services

Financial Services

Property Development

Construction

Banking

Insurance

Property Management

Conveyancing Services

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Risk & Compliance

Documentation

Finance

Operations

Customer Service

Administration

Relevant Roles

Property Owner

Home Buyer

Conveyancing Lawyer

Property Lawyer

Settlement Officer

Mortgage Broker

Bank Manager

Property Valuer

Building Inspector

Legal Counsel

Property Investor

Financial Advisor

Compliance Officer

Risk Manager

Legal Administrator

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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