Agreement To Split Proceeds Of Sale Template for Australia

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Key Requirements PROMPT example:

Agreement To Split Proceeds Of Sale

"I need an Agreement to Split Proceeds of Sale for a commercial property jointly owned by three business partners, where the proceeds will be distributed 40-30-30 after paying off the existing mortgage, with the sale expected to complete by March 2025."

Document background
The Agreement To Split Proceeds Of Sale is a crucial document used in Australian property transactions where multiple parties have a legitimate claim or interest in the proceeds from a property sale. This agreement is commonly required in scenarios such as the sale of jointly owned property, distribution of estate assets, business partnership dissolutions, or property settlements following relationship breakdowns. The document provides a clear framework for how the sale proceeds will be distributed, including provisions for handling selling costs, existing mortgages, and other liabilities. It ensures compliance with Australian property law, contract law, and relevant state legislation, while helping prevent future disputes by clearly documenting all parties' rights and obligations. The agreement is particularly valuable in complex situations involving multiple stakeholders or when there are specific conditions attached to the distribution of proceeds.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their full legal names, addresses, and any relevant capacity (e.g., trustee, executor)

2. Background: Outlines the context of the agreement, including details of the property being sold and the reason for splitting proceeds

3. Definitions and Interpretation: Defines key terms used throughout the agreement and sets out rules for interpretation

4. Property Details: Specific details of the property being sold, including legal description and current ownership structure

5. Sale Process: Obligations regarding the sale process, including appointment of agents, marketing, and acceptance of offers

6. Distribution of Proceeds: Details the exact split of proceeds, including percentages or fixed amounts, and the order of distribution

7. Payment Mechanism: Specifies how and when the proceeds will be distributed, including banking details and timing

8. Expenses and Adjustments: Addresses how selling costs, outstanding mortgages, and other expenses will be handled

9. Dispute Resolution: Process for resolving any disagreements about the sale or distribution of proceeds

10. General Provisions: Standard contract clauses including governing law, notices, and amendment procedures

Optional Sections

1. Tax Considerations: Used when specific tax arrangements need to be addressed, such as CGT implications or tax sharing arrangements

2. Mortgage Discharge: Required when there is an existing mortgage that needs to be discharged from sale proceeds

3. Real Estate Agent Arrangements: Included when parties need to agree on specific agent selection and commission arrangements

4. Special Conditions: For any unique circumstances affecting the sale or proceeds distribution

5. Third Party Claims: When there are potential claims against the property or proceeds that need to be addressed

6. Default and Remedy: Detailed provisions for what happens if a party fails to comply with their obligations

7. Power of Attorney: When one party needs authority to act on behalf of another regarding the sale

8. Sunset Clause: When the agreement needs to specify a timeframe within which the sale must occur

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property, including title details and any encumbrances

2. Schedule 2 - Distribution Formula: Detailed breakdown of how proceeds will be calculated and distributed, including any priority payments

3. Schedule 3 - Expenses Schedule: List of agreed selling expenses and how they will be shared

4. Schedule 4 - Payment Details: Banking and payment information for all parties

5. Appendix A - Copy of Title: Current title search showing ownership and encumbrances

6. Appendix B - Valuation Report: If a formal valuation has been obtained, attached as reference

7. Appendix C - Existing Encumbrances: Copies of any mortgages, caveats, or other registered interests

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Estate Management

Family Services

Business Services

Professional Services

Banking

Investment

Relevant Teams

Legal

Real Estate

Property Management

Finance

Business Development

Wealth Management

Settlements

Estate Planning

Family Law

Investment

Relevant Roles

Property Lawyer

Real Estate Agent

Conveyancer

Estate Manager

Property Manager

Financial Advisor

Legal Counsel

Settlement Agent

Business Partner

Trust Manager

Estate Planning Attorney

Property Development Manager

Family Lawyer

Business Development Manager

Investment 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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