Real Estate Settlement Agreement Template for Australia

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Key Requirements PROMPT example:

Real Estate Settlement Agreement

"I need a Real Estate Settlement Agreement for a residential property purchase in Sydney, Australia, with settlement scheduled for March 15, 2025, to be conducted via PEXA electronic settlement platform."

Document background
The Real Estate Settlement Agreement is a crucial document in Australian property transactions that bridges the gap between exchange of contracts and completion of sale. This document is required when finalizing any real estate transaction in Australia, whether residential, commercial, or industrial. It details all aspects of the settlement process, including financial adjustments, timing, and documentary requirements. The agreement ensures compliance with relevant state and federal legislation, including property law, conveyancing requirements, and taxation obligations. It serves as the primary reference document for all parties involved in the settlement process, including legal representatives, financial institutions, and settlement agents. The Real Estate Settlement Agreement is particularly important as it addresses jurisdiction-specific requirements and provides a clear framework for the successful completion of the property transfer.
Suggested Sections

1. Parties: Identifies and provides full details of all parties to the agreement, including their legal capacity

2. Background: Outlines the context of the settlement, including reference to the prior sale contract and any specific circumstances leading to settlement

3. Definitions and Interpretation: Defines all key terms used in the agreement and establishes rules for interpretation

4. Property Details: Comprehensive description of the property including legal description, title references, and included fixtures/fittings

5. Settlement Amount: States the agreed purchase price and any adjustments to be made at settlement

6. Settlement Date and Time: Specifies the agreed date, time, and location for settlement completion

7. Payment Terms: Details how the settlement amount will be paid, including deposit handling and final payment methods

8. Adjustments: Explains how rates, taxes, and other outgoings will be adjusted between parties

9. Conditions Precedent: Lists all conditions that must be satisfied before settlement can occur

10. Settlement Obligations: Details the obligations of each party at settlement, including document delivery and key handover

11. Default and Remedies: Specifies what constitutes default and the available remedies

12. Governing Law: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction

13. Execution: Formal signing section including witness requirements

Optional Sections

1. Special Conditions: Used when there are unique circumstances or requirements specific to this settlement

2. GST Provisions: Required when the transaction involves GST considerations

3. Foreign Investment Provisions: Required when one party is a foreign person or entity

4. Mortgage Discharge: Required when there is an existing mortgage to be discharged

5. Body Corporate Provisions: Required for strata-titled properties

6. Tenant Provisions: Required when the property is sold with existing tenants

7. Electronic Settlement Provisions: Required when settlement will occur via an electronic platform

8. Agent Authority: Required when any party is acting through an authorized agent

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property including title particulars, encumbrances, and included chattels

2. Schedule 2 - Settlement Calculations: Detailed breakdown of the settlement amount including adjustments

3. Schedule 3 - Required Documents: List of all documents required from each party at settlement

4. Schedule 4 - Outstanding Rates and Charges: Details of any rates, taxes or charges to be adjusted

5. Appendix A - Title Search: Current title search showing registered interests

6. Appendix B - Property Certificate: Local authority certificate showing planning and zoning information

7. Appendix C - Settlement Instructions: Specific instructions for conducting the settlement

8. Appendix D - Disclosure Documents: Any required statutory disclosure documents

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

Property Development

Banking and Finance

Legal Services

Construction

Property Management

Investment

Residential Property

Commercial Property

Agricultural Property

Retail Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Settlements

Conveyancing

Risk Management

Contract Administration

Property Development

Sales

Property Investment

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Settlement Agent

Property Manager

Legal Counsel

Compliance Officer

Real Estate Transaction Coordinator

Property Development Manager

Banking Officer

Mortgage Broker

Title Officer

Real Estate Paralegal

Property Investment Advisor

Contract 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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