An Intent to Sell Agreement serves as a crucial preliminary step in Australian property transactions, bridging the gap between initial negotiations and the formal contract of sale. This document is particularly useful in complex property transactions where parties need to formalize their intentions and establish a framework for due diligence and detailed negotiations before committing to a full sale contract. The agreement typically includes property details, proposed purchase price, due diligence requirements, exclusivity periods, and conditions precedent to the formal sale. While not committing parties to complete the sale, it creates binding obligations regarding the negotiation process and confidentiality. Used across various Australian jurisdictions, the Intent to Sell Agreement must align with state-specific property laws, Australian consumer protection legislation, and general contract law principles. It's particularly valuable in commercial property transactions or situations where detailed due diligence is required before proceeding to a formal sale.
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1. Parties: Identifies and provides full details of the seller and potential buyer
2. Background: Explains the context and purpose of the agreement, including the seller's intention to sell and buyer's intention to purchase
3. Definitions: Defines key terms used throughout the agreement
4. Property Details: Detailed description of the property including address, title details, and included fixtures/fittings
5. Purchase Price: Proposed purchase price and any price adjustment mechanisms
6. Deposit: Details of any deposit to be paid, including amount, timing, and holding arrangements
7. Due Diligence Period: Timeframe and conditions for buyer's due diligence investigations
8. Conditions Precedent: Conditions that must be satisfied before proceeding to formal contract of sale
9. Timeframe: Key dates and deadlines for the transaction process
10. Exclusivity: Terms of exclusive negotiation period if applicable
11. Confidentiality: Obligations regarding confidential information
12. Termination: Circumstances under which either party may terminate the agreement
13. Governing Law: Specifies the governing law and jurisdiction
14. Execution: Formal signing section including witness requirements
1. Special Conditions: Additional conditions specific to the property or transaction circumstances
2. Foreign Investment Approval: Required when the potential buyer is a foreign person or entity
3. GST Provisions: Required when the property sale may attract GST
4. Property Management: Arrangements for property management during the negotiation period
5. Existing Tenancies: Details of any existing tenancies and their treatment
6. Development Approvals: Required when the property has pending development applications or approvals
7. Environmental Matters: Required when there are environmental considerations or contamination issues
8. Native Title: Required when there may be native title considerations
1. Property Schedule: Detailed description of the property including title details, boundaries, and improvements
2. Due Diligence Checklist: List of items to be investigated during due diligence
3. Disclosure Schedule: Known issues, defects, or material matters affecting the property
4. Timeline Schedule: Detailed timeline of key dates and milestones
5. Existing Tenancies Schedule: Details of any existing lease agreements or tenancies
6. Required Approvals: List of necessary approvals and their status
7. Property Title Documents: Copies of relevant title documents and registered interests
Relevant legal definitions
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Relevant Industries
Real Estate
Commercial Property
Residential Property
Industrial Property
Retail Property
Agriculture
Hospitality
Healthcare
Education
Manufacturing
Logistics
Mining
Infrastructure
Relevant Teams
Legal
Real Estate
Property Management
Corporate Development
Facilities
Operations
Finance
Compliance
Business Development
Investment
Asset Management
Risk Management
Relevant Roles
Property Lawyer
Real Estate Agent
Property Manager
Legal Counsel
Corporate Lawyer
Conveyancer
Commercial Director
Property Development Manager
Asset Manager
Facilities Manager
Investment Manager
Operations Director
Chief Financial Officer
Company Secretary
Business Development Manager
Real Estate Partner
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