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Owner Financed Real Estate Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Owner Financed Real Estate Purchase Agreement

"I need an Owner Financed Real Estate Purchase Agreement for a commercial property in Sydney, Australia, with a 15-year financing term and quarterly payments, including provisions for early repayment without penalties."

Document background
The Owner Financed Real Estate Purchase Agreement is a specialized legal document used in Australian property transactions where traditional bank financing is either not preferred or not available. This agreement serves a dual purpose: it documents both the property sale and the financing arrangement between the seller and buyer. Typically used in situations where buyers may not qualify for conventional mortgages, or where sellers seek to generate ongoing income through interest payments, this agreement must comply with Australian consumer credit laws, property transfer regulations, and state-specific real estate requirements. The document includes comprehensive terms covering property description, purchase price, financing terms, security arrangements, default provisions, and transfer conditions. It's particularly relevant in the current Australian real estate market where alternative financing options are increasingly sought after, and must be carefully structured to protect both parties' interests while ensuring compliance with relevant Australian legislation.
Suggested Sections

1. Parties: Identification of the Seller/Financier and Buyer/Borrower with full legal names and addresses

2. Background: Context of the transaction, including the Seller's ownership of the property and the parties' intention to enter into an owner-financed arrangement

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

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

5. Purchase Price and Deposit: Total purchase price, deposit amount, and payment terms

6. Finance Terms: Detailed owner finance provisions including principal amount, interest rate, payment schedule, and loan term

7. Security Arrangements: Details of the mortgage or charge over the property securing the owner finance

8. Settlement and Transfer: Process and requirements for property settlement and transfer of title

9. Buyer's Covenants: Buyer's obligations including property maintenance, insurance, and payment commitments

10. Seller's Covenants: Seller's obligations including clear title warranty and completion of transfer

11. Default and Remedies: Consequences of default and available remedies for both parties

12. Insurance and Risk: Requirements for property insurance and allocation of risk

13. General Provisions: Standard contract clauses including governing law, notices, and entire agreement

Optional Sections

1. Property Management During Finance Term: Used when specific property management requirements are needed during the finance period

2. Early Repayment Provisions: Include when early repayment options are offered, specifying any penalties or benefits

3. Rental Arrangements: Used when the property has existing tenants or if rental is permitted during the finance term

4. Foreign Investment Provisions: Required when the buyer is a foreign person requiring FIRB approval

5. Guarantor Provisions: Include when a guarantor is providing additional security for the buyer's obligations

6. Development Conditions: Used when the property can be developed or modified during the finance term

7. Business Use Provisions: Include when the property may be used for business purposes

8. Strata Title Provisions: Required when the property is under strata title management

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description, including fixtures and fittings

2. Schedule 2 - Payment Schedule: Detailed amortization schedule showing all payments over the finance term

3. Schedule 3 - Special Conditions: Any special conditions or variations to standard terms

4. Schedule 4 - Property Certificate: Copy of the property certificate and title search

5. Schedule 5 - Property Inspection Report: Current condition report of the property

6. Appendix A - Required Insurance Terms: Specific insurance requirements and minimum coverage

7. Appendix B - Property Plans: Property plans, surveys, and relevant drawings

8. Appendix C - Disclosure Documents: Required statutory disclosures and property information

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

Financial Services

Legal Services

Construction

Property Management

Banking

Insurance

Conveyancing Services

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Finance

Compliance

Risk Management

Sales

Operations

Contract Administration

Investment Advisory

Relevant Roles

Real Estate Lawyer

Property Lawyer

Conveyancer

Real Estate Agent

Property Manager

Financial Advisor

Mortgage Broker

Property Developer

Legal Counsel

Compliance Officer

Contract Administrator

Property Investment Advisor

Settlement Agent

Title Officer

Risk Manager

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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