Put And Call Option Deed Generator for Australia

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Key Requirements PROMPT example:

Put And Call Option Deed

"I need a Put and Call Option Deed for a commercial warehouse property in Melbourne, with a 6-month option period starting March 2025, purchase price of $4.5M, and standard completion terms for a corporate transaction."

Document background
A Put And Call Option Deed is a crucial instrument in Australian property transactions, commonly used when parties wish to create mutual rights and obligations regarding the future sale and purchase of property. This document type is particularly valuable in commercial real estate transactions where parties need flexibility in timing or want to secure future transaction rights while managing present obligations. The deed covers essential elements including option periods, exercise mechanisms, purchase price calculations, and completion procedures, all within the framework of Australian property and contract law. It's frequently used in development projects, commercial property acquisitions, and strategic property holdings, providing both parties with clear rights and protections while ensuring compliance with relevant state and federal legislation.
Suggested Sections

1. Parties: Identifies all parties to the deed including option grantor and grantee

2. Background: Sets out the context and intention of the parties regarding the put and call options

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles

4. Grant of Options: Establishes the grant of both put and call options and their basic terms

5. Option Fees: Details the fees payable for both put and call options

6. Exercise Period: Specifies the timeframes during which each option may be exercised

7. Exercise Procedure: Details the process for exercising either option, including notice requirements

8. Purchase Price: Specifies the purchase price and any adjustment mechanisms

9. Deposit: Details deposit requirements and holding arrangements

10. Completion: Sets out completion obligations and procedures

11. Default: Specifies consequences of default by either party

12. Representations and Warranties: Contains standard and specific warranties from both parties

13. GST: Addresses GST treatment of the transaction

14. Confidentiality: Establishes confidentiality obligations

15. Notices: Specifies requirements for valid notices under the deed

16. General Provisions: Contains standard boilerplate provisions

17. Execution: Formal execution blocks for all parties

Optional Sections

1. Multiple Properties: Required when the option covers multiple properties, detailing specific requirements for each

2. Third Party Consents: Required when the transaction requires consent from third parties like landlords or authorities

3. Development Conditions: Include when the option is conditional upon development approvals or works

4. Foreign Investment Approval: Required when any party requires FIRB approval

5. Due Diligence: Include when there's a due diligence period before option exercise

6. Nominee Rights: Required when parties may nominate others to exercise options

7. Property Management: Include when specifying property management obligations during the option period

8. Environmental Matters: Required when there are specific environmental considerations or obligations

Suggested Schedules

1. Property Details: Detailed description of the property including title particulars

2. Purchase Price Calculation: Formula or methodology for calculating the final purchase price

3. Form of Put Option Notice: Prescribed form for exercising the put option

4. Form of Call Option Notice: Prescribed form for exercising the call option

5. Contract for Sale: Form of contract that will come into effect upon exercise of either option

6. Special Conditions: Any special conditions applying to the option or subsequent sale

7. Permitted Encumbrances: List of permitted encumbrances on the property

8. Due Diligence Checklist: List of required due diligence items and procedures

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 Property

Industrial Property

Property Development

Investment Management

Banking and Finance

Construction

Infrastructure

Mining

Agriculture

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Development

Investment

Finance

Risk and Compliance

Corporate Services

Acquisitions

Asset Management

Treasury

Operations

Relevant Roles

Property Lawyer

Real Estate Director

Commercial Property Manager

Development Manager

Investment Manager

Asset Manager

Legal Counsel

Property Acquisitions Manager

Chief Financial Officer

Portfolio Manager

Transaction Manager

Property Valuer

Risk Manager

Compliance Officer

Company Secretary

Corporate Lawyer

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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