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Simple Real Estate Purchase Agreement Between Family Members Template for Australia

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Key Requirements PROMPT example:

Simple Real Estate Purchase Agreement Between Family Members

"I need a Simple Real Estate Purchase Agreement Between Family Members for transferring my Melbourne investment property to my daughter, with a delayed settlement date of March 2025 and an arrangement for monthly installment payments over 5 years."

Document background
The Simple Real Estate Purchase Agreement Between Family Members is designed for use in Australian jurisdictions when transferring real property ownership between family members. This document is particularly relevant when family members wish to formalize a property sale with proper legal documentation while maintaining the flexibility to accommodate family-specific arrangements. It includes essential components such as property details, purchase price, settlement terms, and special conditions while considering unique aspects of family transactions such as potential stamp duty concessions and family trust implications. The agreement ensures compliance with Australian property law while being more streamlined than standard commercial real estate contracts. It's commonly used for intergenerational property transfers, family trust restructuring, or simplified family property sales.
Suggested Sections

1. Parties: Identification of the family members involved as Vendor and Purchaser, including full legal names, addresses, and relationship

2. Background: Context of the family sale, current ownership status, and brief property history

3. Definitions: Key terms used throughout the agreement, including Property, Settlement Date, Purchase Price, and other relevant definitions

4. Property Details: Full legal description of the property, including title details, boundaries, and any inclusions/exclusions

5. Purchase Price: Agreed purchase amount, payment terms, and any family-specific financial arrangements

6. Deposit: Amount, payment timing, and handling of deposit funds

7. Settlement: Settlement date, process, and requirements for completion

8. Property Condition: Current condition, any known defects, and as-is agreements

9. Title and Transfer: Confirmation of clear title and transfer process

10. Warranties: Basic warranties about property ownership and condition

11. Default: Consequences of breach by either party

12. Execution: Signing requirements and date of agreement

Optional Sections

1. Special Family Arrangements: Used when there are specific family-related terms, such as delayed settlement or special payment arrangements

2. Existing Tenancies: Include if there are current tenants or family members residing in the property

3. Mortgage Details: Required if there's an existing mortgage to be discharged or new financing arrangements

4. Family Member Right of First Refusal: Optional clause giving other family members first right to purchase if the property is later sold

5. Maintenance Period: Used when the selling family member agrees to maintain the property for a specified period

6. Personal Property Inclusions: When family furniture or fixtures are included in the sale

7. Family Memorabilia: Specific arrangements for family historical items or memorabilia attached to the property

8. Future Development Rights: Include when there are agreements about future property development or subdivision

Suggested Schedules

1. Property Schedule: Detailed property description, including lot number, plan, title reference, and exact measurements

2. Included Chattels: Itemized list of personal property included in the sale

3. Payment Schedule: If payment is to be made in installments or under special family arrangements

4. Condition Report: Current property condition documentation with photographs

5. Special Conditions: Any unique family arrangements or conditions of sale

6. Required Repairs: List of agreed repairs to be completed before settlement

7. Title Documents: Copies of current title and relevant property certificates

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

Legal Services

Financial Services

Property Development

Family Services

Banking

Conveyancing Services

Estate Planning

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Estate Planning

Family Law

Document Processing

Settlement

Property Valuations

Financial Advisory

Relevant Roles

Real Estate Lawyer

Conveyancing Manager

Property Law Specialist

Estate Planning Attorney

Real Estate Agent

Property Manager

Financial Advisor

Family Law Specialist

Trust Manager

Legal Document Specialist

Property Valuer

Settlement Agent

Mortgage Broker

Tax Advisor

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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