The Simple Contract For Buying A House From Owner is designed for use in Australian residential property transactions where the sale is conducted directly between the property owner and the buyer, without real estate agent involvement. This document is particularly relevant in private sale scenarios and provides a structured framework for documenting the agreement while ensuring compliance with Australian property law requirements. It includes essential elements such as property details, purchase price, settlement terms, and statutory requirements, while remaining accessible to private individuals. The contract is suitable for use across Australian jurisdictions, though specific state requirements should be considered and incorporated as needed. This template serves as a foundation for straightforward property transactions while providing adequate legal protection for both parties.
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1. Parties: Identification and details of the vendor (seller) and purchaser (buyer)
2. Background: Context of the sale and brief description of the property
3. Definitions: Definitions of key terms used throughout the contract
4. Property Details: Full legal description of the property, including title details, lot number, and registered plan
5. Purchase Price: Agreed purchase price and payment terms, including deposit requirements
6. Settlement: Settlement date, time, and location details
7. Property Inspection: Confirmation of property inspection and acceptance of current condition
8. Title and Transfer: Requirements for clear title and transfer of ownership
9. Adjustments: How rates, taxes, and other outgoings will be adjusted between parties
10. Default and Termination: Consequences of default and conditions for contract termination
11. General Provisions: Standard contract terms including notices, governing law, and entire agreement provisions
1. Chattels and Fixtures: Detailed list of items included/excluded in the sale, used when specific items need to be clearly identified
2. Special Conditions: Any non-standard conditions agreed between the parties, used when there are specific requirements outside the standard terms
3. Finance Clause: Conditions regarding buyer's finance approval, used when purchase is subject to finance
4. Building and Pest Inspection: Conditions for building and pest inspections, used when purchase is subject to satisfactory inspections
5. Tenancy Details: Information about existing tenancies, used when property is sold with tenants in place
6. Swimming Pool Compliance: Swimming pool safety and compliance details, used when property includes a pool
7. Foreign Investment Approval: Requirements for foreign investment approval, used when purchaser is a foreign person
1. Schedule 1 - Property Inventory: Detailed list of all fixtures, fittings, and chattels included in the sale
2. Schedule 2 - Special Conditions: Detailed special conditions agreed between the parties
3. Schedule 3 - Disclosure Statement: Statutory disclosures required by state law
4. Appendix A - Property Title Search: Copy of current title search showing ownership and encumbrances
5. Appendix B - Property Plan: Plan showing property boundaries and registered easements
6. Appendix C - Certificates: Relevant certificates including zoning, building approvals, and compliance certificates
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Legal Services
Financial Services
Property Development
Construction
Banking
Insurance
Relevant Teams
Legal
Real Estate
Property Management
Conveyancing
Compliance
Risk Management
Finance
Operations
Relevant Roles
Property Lawyer
Conveyancer
Legal Counsel
Property Manager
Mortgage Broker
Bank Manager
Property Valuer
Legal Administrator
Compliance Officer
Property Developer
Contract Administrator
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