Deed Of Sale House Only Template for Australia

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Key Requirements PROMPT example:

Deed Of Sale House Only

"I need a Deed of Sale House Only for an Australian residential property in New South Wales, with settlement scheduled for March 15, 2025, including specific provisions for a deposit payment structure of 5% initial deposit and 5% on settlement."

Document background
The Deed of Sale House Only is a specialized legal instrument used in Australian property transactions where only the house structure, without the underlying land, is being transferred. This document is particularly relevant in situations involving manufactured homes, company title arrangements, or specific lease arrangements where the building ownership is separate from the land ownership. The deed must comply with Australian federal and state property laws, ensuring all necessary elements for a valid property transfer are included. It contains detailed specifications of the property being sold, purchase price, settlement terms, and both parties' obligations. As a formal deed rather than a simple contract, it provides additional legal protections and follows strict execution requirements under Australian law. This document is essential for creating a legally binding agreement that clearly delineates the transfer of ownership rights specifically for the house structure while addressing potential complexities that may arise in such specialized property transactions.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including full legal names, addresses, and any legal capacity in which they are acting

2. Background: Sets out the context of the sale, including brief property history and the intention to sell/purchase

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes rules for interpretation

4. Property Details: Comprehensive description of the property being sold, including legal description, title details, and street address

5. Sale and Purchase: Core terms of the sale including purchase price, deposit requirements, and payment terms

6. Completion: Details of the settlement process, timing, and requirements for completion of the sale

7. Title and Transfer: Warranties regarding title, process for transfer of title, and requirements for registration

8. Vendor's Warranties: Standard warranties given by the vendor regarding the property's condition, title, and encumbrances

9. Purchaser's Warranties: Warranties and acknowledgments given by the purchaser, including financial capacity

10. Default and Termination: Consequences of default by either party and circumstances allowing termination

11. Notices: Process and requirements for giving formal notices under the deed

12. General Provisions: Standard legal provisions including governing law, entire agreement, and variation requirements

13. Execution: Formal execution block meeting deed requirements, including witness provisions

Optional Sections

1. GST Provisions: Required when the property sale is subject to GST, detailing GST treatment and obligations

2. Foreign Investment: Required when purchaser is a foreign person, including FIRB approval requirements

3. Agent's Details: Include when real estate agents are involved in the transaction

4. Special Conditions: For any unique requirements or conditions specific to this sale

5. Existing Tenancies: Required when the property is sold subject to existing tenancy agreements

6. Planning and Development: Include when there are relevant planning permits or development approvals

7. Environmental Matters: Required when there are environmental issues or considerations affecting the property

8. Body Corporate: Include for properties subject to body corporate arrangements

Suggested Schedules

1. Property Schedule: Detailed property description including title particulars, boundary details, and included fixtures

2. Inclusions and Exclusions: Itemized list of fixtures and fittings included or excluded from the sale

3. Outstanding Orders: List of any outstanding orders or notices affecting the property

4. Disclosure Documents: Required statutory disclosures and property information statements

5. Title Search: Current title search showing registered interests and encumbrances

6. Plan of Land: Survey plan or registered plan showing the land being sold

7. Special Conditions Annexure: Detailed special conditions if any apply to the sale

8. Prescribed Documents: State-specific required documents such as cooling-off period notices

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
Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Construction

Banking

Insurance

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Documentation

Settlements

Contract Administration

Title Processing

Client Services

Relevant Roles

Property Lawyer

Real Estate Agent

Conveyancer

Property Manager

Legal Counsel

Contract Manager

Settlement Agent

Compliance Officer

Real Estate Branch Manager

Property Administrator

Title Officer

Legal Administrator

Real Estate Transaction Coordinator

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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