Commercial Real Estate Offer To Purchase Template for Australia

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Key Requirements PROMPT example:

Commercial Real Estate Offer To Purchase

"I need a Commercial Real Estate Offer to Purchase document for acquiring a retail property in Sydney CBD, with settlement planned for March 2025 and conditional upon obtaining FIRB approval and satisfactory environmental assessment."

Document background
The Commercial Real Estate Offer to Purchase is a crucial initial document in Australian commercial property transactions, used when a potential buyer wishes to formalize their interest in acquiring a commercial property. This document is typically prepared after initial negotiations but before entering into a formal contract of sale. It outlines the buyer's proposed terms, including purchase price, due diligence requirements, and conditions precedent. The document must comply with Australian federal and state-specific property laws, including requirements for commercial property transactions, foreign investment regulations if applicable, and relevant state property legislation. It serves as the foundation for subsequent negotiations and, upon acceptance, forms the basis for the final purchase contract. The document is particularly important in Australian commercial real estate transactions as it helps establish clear expectations and protect both parties' interests during the negotiation phase.
Suggested Sections

1. Parties: Identifies and provides full legal details of the buyer (offeror) and seller (offeree)

2. Background: Provides context for the offer and confirms the seller's ownership of the property

3. Definitions: Defines key terms used throughout the document for clarity and legal certainty

4. Property Description: Detailed description of the property including address, lot number, title references, and included fixtures/fittings

5. Purchase Price: States the offered purchase price and payment terms, including deposit requirements

6. Due Diligence Period: Specifies the timeframe and terms for conducting property investigations and reviews

7. Conditions Precedent: Lists conditions that must be satisfied before the purchase becomes binding

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

9. Property Access: Terms for property access during the due diligence period and before settlement

10. Representations and Warranties: Essential statements of fact and promises made by both parties

11. Default and Termination: Consequences of default and circumstances allowing termination

12. Notices: How and where formal notices under the agreement must be sent

13. Governing Law: Specifies that Australian law governs the agreement and relevant jurisdiction

14. Execution: Formal signing section including witness requirements

Optional Sections

1. Foreign Investment Review Board Approval: Required when the buyer is a foreign entity requiring FIRB approval

2. Environmental Matters: Included when environmental investigations or warranties are specifically required

3. Existing Tenancies: Required when the property has existing tenants and lease arrangements

4. GST Treatment: Detailed GST provisions when the transaction is not GST-free

5. Development Conditions: Included when the purchase is conditional on specific development approvals

6. Property Management: Terms for managing the property between acceptance and settlement

7. Seller's Works: Required when the seller must complete specific works before settlement

8. Finance Condition: Included when the offer is subject to the buyer obtaining finance

Suggested Schedules

1. Property Schedule: Detailed property description including title particulars, encumbrances, and easements

2. Due Diligence Checklist: List of required investigations and documents for review

3. Included Chattels: Itemized list of movable property included in the sale

4. Existing Leases: Details of current lease arrangements and tenant information

5. Required Repairs: List of repairs or modifications required before settlement

6. Settlement Requirements: Detailed checklist of documents and requirements for settlement

7. Disclosure Documents: Mandatory property disclosures required by law

8. Building Certificates: Copies of relevant building certificates and compliance documents

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

Commercial Property

Retail

Industrial

Office Space

Hospitality

Healthcare

Manufacturing

Logistics

Professional Services

Banking and Finance

Construction and Development

Relevant Teams

Legal

Real Estate

Property Management

Finance

Compliance

Risk Management

Business Development

Asset Management

Acquisitions

Investment

Operations

Facilities Management

Relevant Roles

Real Estate Director

Property Manager

Commercial Property Lawyer

Real Estate Agent

Property Developer

Facilities Manager

Investment Manager

Chief Financial Officer

Legal Counsel

Business Development Manager

Asset Manager

Acquisition Manager

Property Valuer

Commercial Broker

Risk Manager

Compliance Officer

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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