Real Estate Offer Agreement Template for Australia

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Key Requirements PROMPT example:

Real Estate Offer Agreement

"I need a Real Estate Offer Agreement for purchasing a commercial property in Sydney, with specific conditions for existing tenant rights and a proposed settlement date of March 15, 2025."

Document background
The Real Estate Offer Agreement is a crucial document in Australian property transactions that initiates the formal process of property purchase. It is typically used when a potential buyer wishes to make a formal offer to purchase real estate, whether residential, commercial, or industrial. The agreement includes essential elements such as property details, purchase price, settlement terms, conditions precedent (such as finance and building inspections), and other transaction-specific requirements. This document must comply with relevant state/territory property laws, the Australian Consumer Law, and other applicable legislation. It serves as the foundation for the subsequent Contract of Sale if the offer is accepted. The agreement is designed to protect both parties' interests while ensuring transparency and clarity in the transaction terms.
Suggested Sections

1. Parties: Identification and details of the buyer (offeror) and seller (offeree), including full legal names, addresses, and contact information

2. Background: Context of the offer and brief description of the transaction purpose

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

4. Property Details: Full legal description of the property, including lot number, plan, title reference, and street address

5. Purchase Price: The offered purchase price, payment terms, and deposit details

6. Due Diligence Period: Timeframe and conditions for conducting property inspections and investigations

7. Settlement: Settlement date, requirements, and process

8. Finance: Finance conditions, deadlines, and requirements

9. Property Condition: Current condition of the property and any inclusions/exclusions

10. Warranties: Warranties provided by both parties regarding the property and their capacity to enter the agreement

11. Default and Termination: Consequences of default and conditions for termination

12. Execution: Signing requirements and execution provisions

Optional Sections

1. Special Conditions: Additional conditions specific to the transaction, used when standard terms need modification

2. Tenant Rights: Details of existing tenancy if the property is sold with tenants in possession

3. Swimming Pool Compliance: Required for properties with swimming pools, detailing compliance requirements

4. Foreign Investment Approval: Required when the buyer is a foreign person under FIRB regulations

5. GST Provisions: Required for commercial properties or new residential premises

6. Building and Pest Conditions: Specific conditions relating to building and pest inspections if required

7. Development Approvals: Required when the property involves pending or required development applications

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed list of fixtures, fittings, and inclusions/exclusions

2. Schedule 2 - Special Conditions: Detailed listing of any special conditions applicable to the sale

3. Schedule 3 - Disclosure Documents: Required statutory disclosures and property information

4. Appendix A - Property Title Documents: Copy of title search and registered encumbrances

5. Appendix B - Property Plans: Floor plans, land survey, or other relevant property plans

6. Appendix C - Certificates: Relevant certificates including zoning, building approvals, and compliance certificates

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

Banking and Finance

Legal Services

Property Management

Construction

Property Investment

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Sales

Business Development

Operations

Investment

Risk Management

Document Management

Relevant Roles

Real Estate Agent

Property Manager

Conveyancer

Property Lawyer

Legal Counsel

Compliance Officer

Property Developer

Investment Manager

Contract Administrator

Real Estate Broker

Settlement Officer

Property Consultant

Sales Manager

Business Development 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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