As Is Real Estate Contract Template for Australia

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Key Requirements PROMPT example:

As Is Real Estate Contract

"I need an As Is Real Estate Contract for the sale of a commercial warehouse property in Sydney, Australia, which requires immediate renovation; the property will be sold to an investment company and we need to ensure all liability limitations regarding the property's current condition are clearly stated."

Document background
The As Is Real Estate Contract is a specialized agreement used in Australian property transactions where the property is sold in its existing condition without warranties or guarantees regarding its state. This document is particularly relevant for properties that may require renovation, properties being sold under distressed conditions, or situations where the vendor needs to limit their liability regarding the property's condition. The contract includes mandatory disclosures required by Australian state laws, explicit acknowledgments from the purchaser regarding their acceptance of the property's condition, and comprehensive terms for the property transfer. It's designed to protect both parties by clearly documenting the 'as is' nature of the sale while complying with relevant state legislation and property transfer requirements. This type of contract is commonly used in both residential and commercial property transactions across different Australian jurisdictions.
Suggested Sections

1. Parties: Identification of the vendor and purchaser with full legal names and addresses

2. Background: Context of the sale and acknowledgment of 'as is' nature of the transaction

3. Definitions: Key terms used throughout the contract including property, settlement date, deposit, and 'as is' condition

4. Property Details: Full legal description of the property including lot number, title reference, and address

5. Purchase Price: Agreed purchase price, deposit amount, and payment terms

6. As Is Condition: Explicit statement of property being sold in current condition with buyer's acknowledgment

7. Settlement: Settlement date, process, and requirements

8. Vendor's Warranties: Limited warranties given the 'as is' nature, focusing on title and ownership

9. Purchaser's Acknowledgments: Buyer's confirmation of property inspection and acceptance of condition

10. Default: Consequences of default by either party

11. General Provisions: Standard contract terms including notices, governing law, and entire agreement

Optional Sections

1. Tenant Provisions: Required if property is sold with existing tenants, including lease details

2. Special Conditions: Any additional terms specific to the transaction

3. Finance Condition: Optional clause for purchase subject to finance, though less common in 'as is' sales

4. Building and Pest Inspection: While unusual in 'as is' sales, may be included with modified terms

5. GST Provisions: Required if the sale is subject to GST

6. Foreign Investment: Required if purchaser is a foreign person under FIRB regulations

7. Pool Compliance: Required if property includes a swimming pool

8. Water Features: Required if property includes water licenses or rights

Suggested Schedules

1. Property Schedule: Detailed description of land, improvements, and inclusions/exclusions

2. Title Search: Current title search showing encumbrances and restrictions

3. Disclosure Statement: Mandatory disclosures required by state law

4. Property Condition Report: Documentation of current condition including known defects

5. Existing Survey Plan: Current survey showing property boundaries and improvements

6. Certificate of Title: Copy of current title certificate

7. Zoning Certificate: Current zoning and planning information

8. Special Conditions Appendix: Additional terms and conditions specific to the transaction

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 legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Financial Services

Property Management

Urban Planning

Property Investment

Banking

Insurance

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Operations

Sales

Investment

Due Diligence

Documentation

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancer

Property Manager

Real Estate Broker

Property Developer

Investment Manager

Legal Counsel

Contract Administrator

Property Officer

Settlement Agent

Compliance Officer

Real Estate Director

Property Consultant

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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