First Option To Buy Agreement Template for Australia

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Key Requirements PROMPT example:

First Option To Buy Agreement

"I need a First Option to Buy Agreement for a commercial warehouse property in Melbourne, with a 6-month option period starting March 2025, including provisions for environmental due diligence and development approval conditions."

Document background
The First Option To Buy Agreement is a crucial legal instrument in Australian property transactions, used when a potential buyer wants to secure the exclusive right to purchase a property without immediate commitment to the purchase. This document is particularly valuable in commercial real estate, development projects, and strategic property acquisitions where buyers need time for due diligence, financing arrangements, or regulatory approvals. The agreement must comply with Australian federal and state property laws, including the Property Law Act, Contracts Review Act, and relevant consumer protection legislation. It typically includes detailed terms about the option period, fees, exercise mechanism, and subsequent purchase conditions, providing clarity and certainty for both parties while maintaining legal enforceability.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement - the Option Grantor (seller) and Option Holder (potential buyer)

2. Background: Provides context for the agreement, including the property details and the parties' intentions

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

4. Grant of Option: Specifies the exact nature of the option being granted and its exclusivity

5. Option Period: Defines the duration for which the option is valid and any extension provisions

6. Option Fee: States the amount payable for the option and whether it's refundable or applies to the purchase price

7. Exercise of Option: Details the process and requirements for exercising the option

8. Purchase Price: Specifies the agreed purchase price or mechanism for determining it

9. Deposit: Outlines deposit requirements upon exercise of the option

10. Settlement: Details the settlement process and timeframes after option exercise

11. Default and Termination: Specifies consequences of default and termination rights

12. Notices: Describes how formal notices must be given between parties

13. General Provisions: Contains standard boilerplate clauses including governing law, entire agreement, and variation

Optional Sections

1. Due Diligence: Included when the option holder requires rights to conduct property investigations during the option period

2. Property Access: Used when the option holder needs specific rights to access the property during the option period

3. Development Conditions: Included when the option is contingent on obtaining development approvals or permits

4. Maintenance Obligations: Required when specific property maintenance standards need to be maintained during the option period

5. Assignment Rights: Included when either party may need to transfer their rights under the agreement

6. Mortgage/Encumbrance Provisions: Used when the property has existing mortgages or encumbrances that need addressing

7. GST Provisions: Required for commercial properties or when GST implications need specific addressing

8. Foreign Investment Provisions: Included when either party is a foreign person or entity requiring FIRB approval

Suggested Schedules

1. Property Description Schedule: Detailed description of the property including title details, boundaries, and inclusions/exclusions

2. Option Exercise Notice: Pro-forma notice for exercising the option

3. Contract of Sale: The form of contract that will apply if the option is exercised

4. Special Conditions: Any special conditions that will apply to the sale if the option is exercised

5. Due Diligence Checklist: List of investigations and searches to be conducted during due diligence (if applicable)

6. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances affecting the property

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 Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail

Industrial

Agriculture

Mining

Hospitality

Infrastructure

Relevant Teams

Legal

Real Estate

Property

Commercial

Acquisitions

Development

Finance

Operations

Investment

Corporate Affairs

Risk Management

Relevant Roles

Property Lawyer

Real Estate Agent

Property Developer

Commercial Director

Investment Manager

Legal Counsel

Property Manager

Acquisition Manager

Development Manager

Corporate Lawyer

Business Development Manager

Asset Manager

Chief Financial Officer

Operations Director

Real Estate Investment Manager

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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