The Manufactured Home Purchase Agreement is a specialized contract used in Australia for transactions involving prefabricated or manufactured residential structures. This document is essential when transferring ownership of a manufactured home, whether situated in a residential park or on private property. It must comply with various Australian federal and state legislation, including the Manufactured Homes Act, Australian Consumer Law, and relevant property statutes. The agreement is designed to protect both buyers and sellers by clearly documenting the terms of sale, property specifications, warranties, and compliance requirements. It becomes particularly important given the unique nature of manufactured homes as both personal and potentially real property, requiring specific considerations for site placement, installation, and ongoing tenure arrangements where applicable.
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1. Parties: Identification of the seller and buyer, including full legal names, addresses, and contact details
2. Background: Context of the agreement, including brief description of the manufactured home and intention to sell/purchase
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale and Purchase: Core agreement to sell and purchase the manufactured home, including purchase price and basic terms
5. Payment Terms: Details of purchase price, deposit, balance payment, and payment methods
6. Property Description: Detailed description of the manufactured home, including specifications, fixtures, and fittings
7. Conditions Precedent: Any conditions that must be satisfied before the sale becomes binding
8. Warranties and Representations: Warranties provided by the seller regarding the condition and ownership of the home
9. Settlement: Settlement process, timing, and requirements for completion
10. Risk and Insurance: Transfer of risk and insurance requirements
11. Default and Termination: Consequences of default and termination rights
12. Dispute Resolution: Process for resolving disputes between parties
13. General Provisions: Standard contract provisions including notices, governing law, and entire agreement
1. Financing Arrangements: Include when buyer requires financing to purchase the home
2. Site Lease: Include when the manufactured home will be located in a residential park requiring a site lease
3. Installation and Setup: Include when seller is responsible for installation of the home
4. Home Warranty Insurance: Include when specific warranty insurance is being provided
5. Special Conditions: Include when there are unique circumstances or additional requirements
6. Chattels and Inclusions: Include when specific items are included/excluded from the sale
7. Assignment Rights: Include when either party may need to assign their rights
8. Site Requirements: Include when specific site preparation or requirements apply
1. Schedule 1 - Property Description: Detailed specifications of the manufactured home including make, model, year, serial numbers
2. Schedule 2 - Included Fixtures and Fittings: Itemized list of all fixtures, fittings, and appliances included in the sale
3. Schedule 3 - Purchase Price Breakdown: Detailed breakdown of the purchase price, including deposit and payment schedule
4. Schedule 4 - Condition Report: Report detailing the current condition of the manufactured home
5. Schedule 5 - Warranties and Certificates: Copies of manufacturer warranties and compliance certificates
6. Appendix A - Site Plan: Plan showing the location and positioning of the home (if applicable)
7. Appendix B - Installation Requirements: Technical requirements for installation and setup
8. Appendix C - Required Disclosures: Statutory disclosures required under relevant legislation
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Manufacturing
Construction
Property Development
Financial Services
Legal Services
Insurance
Residential Housing
Consumer Goods
Relevant Teams
Legal
Real Estate Sales
Property Management
Compliance
Risk Management
Contract Administration
Settlement
Finance
Property Development
Customer Service
Relevant Roles
Real Estate Agent
Property Lawyer
Conveyancer
Contract Manager
Property Manager
Sales Manager
Compliance Officer
Legal Counsel
Finance Manager
Housing Development Manager
Property Development Director
Settlement Officer
Sales Contract Administrator
Risk Manager
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