Home Buy Sell Agreement Template for Australia

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Key Requirements PROMPT example:

Home Buy Sell Agreement

"I need a Home Buy Sell Agreement for a property in New South Wales, Australia, that includes special conditions for a swimming pool compliance certificate and existing tenancy arrangements, with settlement scheduled for March 2025."

Document background
The Home Buy Sell Agreement serves as the primary legal instrument for residential property transactions in Australia. This document is essential when transferring ownership of residential property from a vendor to a purchaser, incorporating all necessary elements required by Australian property law. The agreement includes crucial details such as property description, purchase price, settlement terms, conditions precedent, and statutory disclosures. It must comply with both federal and state-specific legislation, including property law, consumer protection, and conveyancing requirements. The document is designed to protect the interests of both parties and provide clear guidance on their rights and obligations throughout the transaction process. It's particularly important as it forms the basis for the property transfer and is referenced throughout the conveyancing process.
Suggested Sections

1. Parties: Identification and details of the vendor(s) and purchaser(s)

2. Background: Context of the sale and brief description of the property

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Complete legal description of the property including title details and inclusions/exclusions

5. Purchase Price: Agreed purchase price and payment terms including deposit requirements

6. Settlement: Settlement date, time, and location details

7. Title and Transfer: Provisions regarding transfer of title and associated requirements

8. Vendor Warranties: Standard warranties provided by the vendor regarding the property

9. Purchaser Warranties: Standard warranties provided by the purchaser regarding capacity to purchase

10. Default and Termination: Consequences of default and termination rights

11. GST Provisions: GST treatment of the sale

12. Notices: Process for giving and receiving formal notices

13. General Provisions: Standard boilerplate clauses including governing law

14. Execution: Signing provisions and execution blocks

Optional Sections

1. Finance Condition: Required when purchase is subject to finance approval

2. Building and Pest Inspection: Include when purchase is conditional on satisfactory inspections

3. Sale of Existing Property: Include when purchase is conditional on buyer selling their existing property

4. Tenancy Provisions: Required when property is sold with existing tenants

5. Swimming Pool Compliance: Include when property includes a swimming pool

6. Foreign Investment Approval: Required for foreign buyers requiring FIRB approval

7. Development Approval: Include when property involves pending or required development approvals

8. Special Conditions: Any additional conditions specific to the transaction

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description, title references, and included chattels

2. Schedule 2 - Purchase Price Breakdown: Detailed breakdown of purchase price, deposit, and payment terms

3. Schedule 3 - Vendor Disclosure Statement: Required statutory disclosures about the property

4. Schedule 4 - Special Conditions: Detailed special conditions if applicable

5. Appendix A - Property Certificate: Copy of official property certificate

6. Appendix B - Title Search: Current title search results

7. Appendix C - Property Plans: Relevant property plans and surveys

8. Appendix D - Inspection Reports: Any relevant inspection reports if provided

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

Property Development

Legal Services

Financial Services

Construction

Banking

Insurance

Property Management

Property Investment

Relevant Teams

Legal

Real Estate Sales

Property Management

Conveyancing

Compliance

Contract Administration

Settlement

Property Development

Sales Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancer

Legal Counsel

Property Manager

Contract Administrator

Settlement Officer

Compliance Officer

Property Developer

Real Estate Branch Manager

Mortgage Broker

Bank Manager

Property Valuer

Sales Director

Legal Administrator

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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