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1. Parties: Identification of all parties to the agreement including full legal names and addresses of the potential purchaser(s) and vendor(s)
2. Background: Brief context of the transaction, including the property details and purpose of the holding deposit
3. Definitions: Clear definitions of key terms used throughout the agreement
4. Deposit Amount and Payment: Specification of the holding deposit amount, payment method, and deadline
5. Purpose of Holding Deposit: Clear statement of what the holding deposit secures and its relationship to the purchase price
6. Duration: Period for which the property will be held off the market
7. Deposit Handling: Details of how the deposit will be held (e.g., in trust account) and by whom
8. Purchase Process: Steps to proceed with the full property purchase and treatment of the holding deposit in that context
9. Refund Conditions: Circumstances under which the deposit will be refunded
10. Forfeiture Conditions: Circumstances under which the deposit may be forfeited
11. Execution: Signature blocks and execution requirements
1. Due Diligence Period: Include when the buyer requires time to conduct property investigations or obtain finance
2. Special Conditions: Add when there are unique circumstances or requirements specific to the transaction
3. GST Provisions: Include when the transaction involves commercial property or new residential premises
4. Agent Authorization: Include when a real estate agent is involved in holding the deposit
5. Foreign Investment Approval: Include when the potential purchaser is a foreign person under FIRB regulations
6. Cooling-off Rights: Include when applicable under state law and not waived
7. Joint Purchasers: Include specific provisions when there are multiple purchasers
1. Property Details Schedule: Detailed description of the property including title details, fixtures, and inclusions
2. Payment Schedule: Breakdown of the holding deposit, purchase price, and payment timelines
3. Buyer's Acknowledgment Form: Standard form acknowledging receipt of required disclosures and understanding of terms
4. Proof of Deposit Payment: Copy of deposit payment receipt or transfer confirmation
5. Agency Agreement Details: If applicable, details of the real estate agency holding the deposit
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