Bargain Sale Deed Template for Australia

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Key Requirements PROMPT example:

Bargain Sale Deed

"I need a Bargain Sale Deed for transferring a commercial property in Melbourne to a local educational charity at 60% of market value, with settlement planned for March 2025 and specific conditions regarding the property's continued use for educational purposes."

Document background
The Bargain Sale Deed is a specialized legal instrument used in Australian property transactions where property is intentionally sold below its fair market value. This type of deed is commonly utilized in charitable donations, family transfers, or strategic business transactions where there is a deliberate intention to sell property at a discount. The document must carefully balance the requirements of Australian property law, tax implications, and the specific needs of both parties. It requires explicit acknowledgment of the market value, the agreed purchase price, and the bargain nature of the transaction. This deed type is particularly important for maintaining legal compliance while documenting the intentional discount, which can have significant implications for tax purposes, especially in charitable contexts.
Suggested Sections

1. Parties: Identifies and defines the Vendor/Seller and Purchaser/Buyer with full legal names and addresses

2. Background: Establishes context, including property ownership, intention for bargain sale, and acknowledgment of below-market value

3. Definitions: Defines key terms used throughout the deed including Property, Settlement Date, Purchase Price, Market Value

4. Agreement to Sell and Purchase: Core agreement section stating the vendor's agreement to sell and purchaser's agreement to buy at the specified price

5. Purchase Price and Payment Terms: Specifies the agreed purchase price, payment method, and timing of payment

6. Market Value Acknowledgment: Explicit statement of property's market value and acknowledgment of the bargain nature of the sale

7. Property Details: Detailed description of the property including title details, fixtures, and inclusions/exclusions

8. Settlement: Details of settlement process, timing, and requirements

9. Vendor's Warranties: Warranties regarding property title, condition, and authority to sell

10. Risk and Insurance: Provisions regarding property risk transfer and insurance requirements

11. Default Provisions: Consequences and remedies for default by either party

12. Execution: Formal execution blocks with witness requirements for deed validity

Optional Sections

1. Tax Implications: Include when specific tax consequences need to be acknowledged, particularly for charitable transactions

2. Special Conditions: Add when there are unique requirements or conditions specific to the transaction

3. Charitable Purpose: Include when the bargain sale is to a charitable organization and specific charitable purposes need to be documented

4. Encumbrances: Include when the property has existing mortgages, easements, or other encumbrances that need to be addressed

5. Due Diligence Results: Include when specific property investigations or inspections have been conducted

6. Environmental Matters: Include when environmental issues or considerations are relevant to the property

7. Development Conditions: Include when the property has specific development approvals or restrictions

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including title details, lot numbers, and plan references

2. Purchase Price Breakdown: Itemized breakdown of the purchase price, market value, and bargain discount

3. Settlement Requirements: Checklist of documents and requirements for settlement

4. Included Fixtures and Fittings: Detailed list of items included in the sale

5. Existing Encumbrances: List of any existing encumbrances that will remain on the property

6. Special Conditions: Detailed special conditions if applicable

7. Valuation Report: Summary or extract of professional valuation establishing market value

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

Non-Profit & Charity

Education

Healthcare

Religious Organizations

Government & Public Sector

Property Development

Legal Services

Financial Services

Community Services

Relevant Teams

Legal

Real Estate

Property Management

Finance

Tax Advisory

Compliance

Corporate Development

Risk Management

Operations

Business Development

Relevant Roles

Property Lawyer

Real Estate Attorney

Conveyancer

Property Manager

Real Estate Agent

Tax Advisor

Chief Financial Officer

Charity Executive Director

Property Development Manager

Compliance Officer

Legal Counsel

Estate Planning Attorney

Non-Profit Director

Property Valuer

Settlement Agent

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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