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Preliminary Sale Agreement
"I need a Preliminary Sale Agreement for a commercial property purchase in Sydney, Australia, where the buyer requires a 3-month due diligence period and FIRB approval, with completion expected by March 2025."
1. Parties: Identification and details of the vendor and purchaser
2. Background: Context of the transaction and purpose of the preliminary agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Detailed description of the property including lot number, title reference, and address
5. Purchase Price: Agreed purchase price and payment structure
6. Deposit: Amount, payment terms, and handling of the deposit
7. Due Diligence: Terms and timeframe for conducting due diligence investigations
8. Conditions Precedent: Conditions that must be satisfied before proceeding to final contract
9. Timeframes: Key dates and deadlines for various stages of the transaction
10. Obligations of the Parties: Specific responsibilities of both vendor and purchaser
11. Representations and Warranties: Standard representations and warranties from both parties
12. Termination: Circumstances and process for termination of the agreement
13. Confidentiality: Obligations regarding confidential information
14. Dispute Resolution: Process for resolving disputes between the parties
15. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Foreign Investment Approval: Required when purchaser is a foreign person requiring FIRB approval
2. GST: Required when the transaction is subject to GST considerations
3. Finance Condition: Include when purchase is subject to financing approval
4. Building and Pest Inspection: Include when purchase is conditional on satisfactory building and pest inspections
5. Development Approval: Required when purchase is conditional on obtaining development approvals
6. Existing Tenancies: Include when property is subject to existing lease agreements
7. Special Conditions: Any unique conditions specific to the transaction
1. Schedule 1 - Property Description: Detailed description of the property including title particulars and inclusions
2. Schedule 2 - Due Diligence Checklist: List of documents and information to be provided for due diligence
3. Schedule 3 - Disclosure Documents: Required statutory and other disclosures about the property
4. Schedule 4 - Form of Final Contract: Agreed form of the final contract of sale
5. Appendix A - Property Plans: Site plans, floor plans, and other relevant property drawings
6. Appendix B - Title Search: Current title search showing encumbrances and interests
7. Appendix C - Vendor Statement: Statutory vendor statement where required by state law
Authors
Business Day
Completion
Completion Date
Conditions Precedent
Confidential Information
Contract Price
Deposit
Due Diligence
Due Diligence Period
Effective Date
Encumbrances
Final Contract
GST
Improvements
Land
Notice
Outgoings
Permitted Use
Property
Purchase Price
Purchaser
Purchaser's Solicitor
Related Documents
Representatives
Settlement
Settlement Date
Title
Transfer
Vendor
Vendor's Solicitor
Warranties
Definitions
Sale and Purchase
Purchase Price
Deposit
Due Diligence
Conditions Precedent
Representations and Warranties
Confidentiality
Property Access
Title Matters
Vendor Obligations
Purchaser Obligations
GST
Foreign Investment
Termination
Default
Force Majeure
Assignment
Notices
Costs
Time of Essence
Entire Agreement
Governing Law
Dispute Resolution
Severability
Further Assurance
Waiver
Variation
Real Estate
Commercial Property
Residential Property
Industrial Property
Retail Property
Agricultural Property
Property Development
Construction
Investment
Banking and Finance
Legal Services
Professional Services
Legal
Real Estate
Property Management
Compliance
Corporate Affairs
Business Development
Investment
Operations
Risk Management
Commercial
Due Diligence
Property Lawyer
Real Estate Agent
Property Manager
Commercial Lawyer
Legal Counsel
Contract Manager
Property Developer
Investment Manager
Real Estate Director
Compliance Officer
Due Diligence Manager
Transaction Manager
Corporate Lawyer
Conveyancer
Property Consultant
Business Development Manager
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