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Offer Of Purchase And Sale Template for Australia

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Key Requirements PROMPT example:

Offer Of Purchase And Sale

"I need an Offer of Purchase and Sale agreement for a commercial warehouse property in Melbourne, Australia, with settlement scheduled for March 2025, including specific conditions for existing tenant arrangements and environmental compliance requirements."

Document background
The Offer of Purchase and Sale agreement is a fundamental document in Australian property transactions, used when a potential buyer wishes to formalize their intent to purchase a property and the seller's acceptance of those terms. This document is essential in both residential and commercial property transactions across all Australian jurisdictions, though specific requirements may vary by state or territory. The agreement typically includes comprehensive details about the property, price, settlement terms, conditions precedent, warranties, and other crucial terms that protect both parties' interests. It must comply with relevant state-based property laws, the Australian Consumer Law, and other applicable legislation. The document serves as the foundation for the entire transaction and is typically prepared following initial negotiations but before the formal conveyancing process begins.
Suggested Sections

1. Parties: Identification and details of the vendor (seller) and purchaser (buyer)

2. Background: Context of the transaction and brief description of the property being sold

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property including lot number, title details, and included fixtures/fittings

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

6. Settlement: Settlement date, time, and location details

7. Conditions Precedent: Conditions that must be satisfied before the agreement becomes unconditional

8. Vendor's Warranties: Warranties provided by the vendor regarding the property's condition and title

9. Purchaser's Warranties: Warranties provided by the purchaser regarding capacity to purchase and finance

10. Risk and Insurance: Transfer of risk and insurance requirements until settlement

11. Default: Consequences of default by either party and available remedies

12. Notices: How and where notices must be served between parties

13. General Provisions: Standard contract terms including governing law, entire agreement, and amendment procedures

14. Execution: Signing provisions and execution blocks for all parties

Optional Sections

1. Foreign Investment: Required when purchaser is a foreign person under FIRB regulations

2. GST: Required when the property sale is subject to GST

3. Tenancy: Required when the property is sold subject to existing tenancy

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

5. Finance Clause: When purchase is subject to finance approval

6. Building and Pest Inspection: When purchase is subject to satisfactory inspections

7. Pool Safety: Required when property includes a swimming pool

8. Water Features: Required when property includes water features or riparian rights

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description, title information, and included chattels

2. Schedule 2 - Purchase Price Breakdown: Detailed breakdown of purchase price, deposit, and payment terms

3. Schedule 3 - Excluded Fixtures and Fittings: List of items specifically excluded from the sale

4. Schedule 4 - Special Conditions: Detailed special conditions if applicable

5. Appendix A - Title Search: Current title search showing encumbrances and restrictions

6. Appendix B - Property Plan: Plan showing property boundaries and improvements

7. Appendix C - Disclosure Documents: State-required property disclosure documents

8. Appendix D - Tenant Details: Current lease agreements and tenant information if applicable

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





































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Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Agriculture

Retail

Industrial

Hospitality

Mining

Infrastructure

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Acquisitions

Asset Management

Risk Management

Operations

Finance

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancer

Property Manager

Commercial Property Director

Development Manager

Legal Counsel

Compliance Officer

Property Valuer

Investment Manager

Asset Manager

Acquisitions Manager

Sales Director

Contract 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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