Cash Real Estate Contract Template for Australia

The Cash Real Estate Contract is a fundamental legal document used in Australian property transactions where the purchaser is buying property without mortgage finance. This type of contract is particularly important in situations where buyers have readily available funds and wish to proceed with a property purchase without finance conditions. It includes comprehensive details about the property, parties involved, purchase price, settlement terms, and all necessary warranties and obligations. The document must comply with relevant Australian federal and state property legislation, including requirements for property transfer, stamp duty, and foreign investment regulations where applicable. It's designed to protect both parties' interests while ensuring a smooth transition of property ownership, typically used in residential and commercial property transactions where speed and certainty of settlement are priorities.

1. Parties: Identifies and provides full details of the vendor(s) and purchaser(s), including legal names, addresses, and ACN/ABN if applicable

2. Background: Brief context of the transaction and property being sold

3. Definitions: Defines key terms used throughout the contract

4. Property Details: Comprehensive description of the property including lot number, title reference, address, and included fixtures/fittings

5. Purchase Price: States the agreed purchase price and payment structure, including deposit details

6. Deposit Terms: Specifies deposit amount, payment timing, and holding arrangements

7. Settlement: Details of settlement date, time, location, and requirements

8. Title and Transfer: Confirms the type of title being transferred and any encumbrances

9. Vendor Warranties: Standard warranties about property ownership, condition, and disclosures

10. Purchaser Warranties: Confirmations regarding financial capacity and legal right to purchase

11. Default and Termination: Consequences of default by either party and termination rights

12. Notices: How formal notices between parties should be given

13. General Provisions: Standard contract clauses including governing law, entire agreement, and severability

14. Execution: Signing provisions and attestation requirements