The Home For Sale By Owner Purchase Agreement is designed for use in Australian private property sales where owners choose to sell their property directly to buyers without engaging a real estate agent. This document is essential for protecting both parties' interests in the transaction, ensuring compliance with relevant Australian property laws and regulations. It includes all necessary elements for a valid property sale contract, such as property details, price, settlement terms, conditions, and warranties. The agreement is particularly relevant in the current market where many property owners seek to manage their own sales process while maintaining legal compliance and transaction security. It accommodates various property types and can be customized to meet specific state or territory requirements while maintaining its core legal framework.
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1. Parties: Identifies and provides full details of the Vendor (Seller) and Purchaser (Buyer)
2. Background: Establishes the context of the sale and confirms the Vendor's ownership and right to sell
3. Definitions: Defines key terms used throughout the agreement
4. Property Details: Full legal description of the property including lot number, title reference, and address
5. Purchase Price: States the agreed purchase price and payment terms including deposit details
6. Settlement: Specifies the settlement date, process, and requirements
7. Property Condition: Details the condition in which the property will be provided at settlement
8. Vendor Warranties: Standard warranties provided by the Vendor regarding the property
9. Purchaser Warranties: Standard warranties provided by the Purchaser regarding their ability to complete the purchase
10. Default and Termination: Consequences and processes for breach of contract or termination
11. General Provisions: Standard contract clauses including governing law, notices, and entire agreement
12. Execution: Signing provisions and execution blocks
1. Finance Condition: Include when the purchase is subject to the Purchaser obtaining finance approval
2. Building and Pest Inspection: Include when the purchase is subject to satisfactory building and pest inspections
3. Sale of Existing Property: Include when the purchase is conditional on the Purchaser selling their existing property
4. Swimming Pool Compliance: Include when the property includes a swimming pool, requiring specific warranties and certificates
5. Tenancy Details: Include when the property is sold subject to an existing tenancy
6. Foreign Investment Approval: Include when the Purchaser requires FIRB approval
7. GST Provisions: Include when GST is applicable to the sale
8. Special Conditions: Include when there are additional agreed terms specific to this transaction
1. Schedule 1 - Property Inventory: List of included fixtures, fittings, and chattels
2. Schedule 2 - Exclusions: Items specifically excluded from the sale
3. Schedule 3 - Property Certificates: Copies of relevant certificates including title search, zoning certificate, etc.
4. Schedule 4 - Disclosure Statement: Required property disclosures under relevant state legislation
5. Appendix A - Property Plans: Floor plans, site plans, and survey documents
6. Appendix B - Special Conditions: Detailed special conditions if applicable
7. Appendix C - Prescribed Notices: Any statutory notices required under state legislation
8. Appendix D - Due Diligence Checklist: Standard checklist of recommended buyer investigations
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