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Home For Sale By Owner Contract Template for Australia

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Key Requirements PROMPT example:

Home For Sale By Owner Contract

"I need a Home For Sale By Owner Contract for selling my residential property in Sydney, with settlement scheduled for March 15, 2025, including special conditions for a swimming pool and existing tenant rights."

Document background
The Home For Sale By Owner Contract is designed for Australian property transactions where owners choose to sell their property directly to buyers without full real estate agent services. This approach has become increasingly popular as it can reduce selling costs while maintaining legal compliance. The document incorporates all mandatory requirements under Australian property law, including state-specific provisions, consumer protections, and necessary disclosures. It covers essential elements such as property description, purchase price, settlement terms, parties' obligations, and risk allocation. This contract type is particularly relevant in the current digital age where many property owners are comfortable managing their own sales process while ensuring legal protection for all parties involved. It includes provisions for both standard and special conditions, allowing customization for specific transaction requirements while maintaining compliance with relevant legislation and regulations.
Suggested Sections

1. Parties: Identification of the vendor and purchaser with full legal names and addresses

2. Background: Context of the sale and brief property description

3. Definitions: Key terms used throughout the contract including Property, Purchase Price, Settlement Date, etc.

4. Property Details: Complete legal description of the property including lot number, title reference, and address

5. Purchase Price: Agreed purchase price and payment terms including deposit details

6. Settlement: Settlement date, time, and process requirements

7. Title and Transfer: Warranties regarding title and transfer requirements

8. Vendor's Obligations: Pre-settlement obligations including maintaining the property and providing access

9. Purchaser's Obligations: Requirements for payment, inspections, and other purchaser responsibilities

10. Adjustments: Process for adjusting rates, taxes, and other outgoings

11. Default: Consequences and remedies for default by either party

12. Notices: How formal notices must be given between parties

13. General Provisions: Standard contract terms including governing law and interpretation

14. Execution: Signing requirements and execution blocks

Optional Sections

1. Special Conditions: Additional terms specific to this transaction, used when standard terms need modification

2. Chattels and Fixtures: Detailed list of items included/excluded in sale, used when there are specific items to address

3. Finance Condition: Terms regarding purchaser's finance approval, used when purchase is subject to finance

4. Building and Pest Inspection: Conditions for building and pest inspections, used when these are required

5. Rental Provisions: Terms regarding existing tenancy, used when property is sold with tenants

6. Pool Compliance: Pool safety and compliance requirements, used when property includes a swimming pool

7. Foreign Investment: FIRB approval requirements, used when purchaser is a foreign buyer

8. GST Provisions: GST treatment of the sale, used when property is sold as part of a business

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed list of included fixtures, fittings, and chattels

2. Schedule 2 - Special Conditions: Detailed special conditions agreed between parties

3. Schedule 3 - Property Certificate: Current title search and property certificate details

4. Schedule 4 - Vendor's Disclosure: Required disclosures about property condition and known issues

5. Appendix A - Property Plans: Property plans, surveys, and drawings

6. Appendix B - Certificates: Relevant compliance certificates and permits

7. Appendix C - Tenancy Documents: Current lease agreement and tenant details if applicable

8. Appendix D - Building Reports: Any existing building or pest inspection reports

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

Property Development

Legal Services

Financial Services

Construction

Property Management

Insurance

Banking

Professional Services

Public Sector

Relevant Teams

Legal

Property Management

Compliance

Risk Management

Operations

Finance

Administration

Customer Service

Documentation

Quality Assurance

Relevant Roles

Property Owner

Home Buyer

Conveyancer

Property Lawyer

Legal Counsel

Contract Administrator

Property Manager

Real Estate Agent

Financial Advisor

Mortgage Broker

Bank Manager

Property Valuer

Building Inspector

Compliance Officer

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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