Real Estate Swap Agreement Template for Australia

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Real Estate Swap Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Real Estate Swap Agreement

"I need a Real Estate Swap Agreement for exchanging a commercial office building in Sydney CBD with a retail shopping center in Melbourne, with completion planned for March 2025; the agreement needs to address existing tenancies in both properties and include provisions for GST treatment."

Document background
The Real Estate Swap Agreement is utilized when two or more parties wish to exchange properties rather than conduct traditional buy-sell transactions. This document type is particularly relevant in the Australian property market where parties seek to optimize their property portfolios or achieve specific strategic objectives through property exchanges. The agreement must comply with Australian federal and state property laws, including the Real Property Act and relevant Duties Acts. It covers essential elements such as property descriptions, valuations, settlement procedures, and tax implications. The document is structured to address various scenarios including residential and commercial properties, and can accommodate additional complexities such as mortgage arrangements, existing tenancies, or foreign investment considerations. The agreement serves as a comprehensive framework for ensuring a legally sound and efficient property exchange process.
Suggested Sections

1. Parties: Identification and details of all parties involved in the property swap

2. Background: Context of the transaction and brief description of the properties being exchanged

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

4. Properties Description: Detailed description of each property being exchanged, including legal descriptions and current title details

5. Exchange Terms: Core terms of the property swap, including timing, conditions precedent, and completion requirements

6. Valuations: Agreed valuations of the properties and any monetary adjustments required

7. Title and Ownership: Warranties and representations regarding ownership and title of the properties

8. Settlement Procedures: Detailed process for completing the exchange, including timing and documentation requirements

9. Adjustments and Outgoings: Provisions for adjusting rates, taxes, and other outgoings between the parties

10. Risk and Insurance: Allocation of risk and insurance requirements until completion

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

12. Costs and Stamp Duty: Allocation of transaction costs and stamp duty obligations

13. General Provisions: Standard contractual provisions including notices, governing law, and dispute resolution

Optional Sections

1. Mortgage Arrangements: Required when either property is subject to existing mortgages, detailing discharge and refinancing arrangements

2. Tenant Provisions: Required when either property is subject to existing tenancies, addressing lease assignments and tenant notifications

3. Foreign Investment Provisions: Required when any party is a foreign person under FIRB regulations

4. GST Provisions: Required when either property is subject to GST considerations

5. Development Conditions: Required when either property has ongoing development applications or approvals

6. Environmental Matters: Required when properties have known environmental issues or contamination

7. Third Party Consents: Required when the swap requires consent from third parties such as authorities or body corporates

Suggested Schedules

1. Property Details Schedule: Comprehensive details of both properties including certificates of title, lot numbers, and plan references

2. Due Diligence Results: Results of investigations and searches conducted on both properties

3. Encumbrances Schedule: List of all registered and unregistered encumbrances affecting either property

4. Valuation Reports: Independent valuation reports for both properties

5. Settlement Adjustments: Detailed calculations of financial adjustments required at settlement

6. Existing Tenancies: Details of any existing lease agreements and tenant information

7. Form of Transfer: Pro forma transfer documents required for settlement

8. Building Certificates: Relevant building certificates, compliance documents, and permits

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

Commercial Property

Residential Property

Property Development

Legal Services

Banking and Finance

Property Investment

Construction

Urban Planning

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Investment

Compliance

Finance

Risk Management

Operations

Business Development

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Development Manager

Legal Counsel

Conveyancer

Property Valuer

Asset Manager

Portfolio Manager

Investment Manager

Property Director

Real Estate Partner

Transaction Manager

Compliance Officer

Property Consultant

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

Find the exact document you need

Wholesale Purchase And Sale Agreement

An Australian law-governed agreement establishing terms for wholesale purchase and sale of goods between businesses, including pricing, delivery, and quality requirements.

find out more

Wholesale Purchase Contract

An Australian law-governed agreement establishing terms for wholesale purchase of goods between supplier and buyer, including ordering, pricing, delivery, and quality requirements.

find out more

Contract For Houses And Residential Land

An Australian legal agreement for the sale and purchase of residential property, outlining terms, conditions, and obligations of both parties under Australian law.

find out more

Option To Purchase Real Estate Agreement

An Australian legal agreement granting exclusive rights to purchase specified real estate at predetermined terms within a set timeframe.

find out more

Lease To Own Commercial Property Contract

An Australian commercial property agreement combining lease terms with a purchase option, structured under Australian property and commercial law.

find out more

Commercial Real Estate Agreement

An Australian law-governed agreement for the sale and purchase of commercial real estate, detailing all transaction terms and party obligations.

find out more

Real Estate Offer And Acceptance Contract

An Australian legal document that formalizes the agreement between buyer and seller in a real estate transaction, compliant with Australian property law.

find out more

Property Easement Agreement

An Australian legal agreement establishing rights over one property for the benefit of another party, governed by Australian property law and state-specific legislation.

find out more

Commercial Rental Lease

An Australian-law governed agreement establishing terms and conditions for commercial property rental between landlord and tenant.

find out more

Property Agreement Between Two Parties

An Australian-compliant legal agreement governing the transfer of property ownership between two parties, establishing terms, conditions, and obligations for the transaction.

find out more

Commercial Real Estate Contract

An Australian law-governed contract for the sale and purchase of commercial real estate, incorporating essential legal requirements and commercial provisions.

find out more

Commercial Property Tenancy Agreement

An Australian legal agreement governing the lease of commercial property between a landlord and tenant, outlining key terms, conditions, and obligations.

find out more

Simple Lease Agreement For Rental Property

An Australian-compliant residential lease agreement establishing terms and conditions for property rental, suitable for use across all Australian jurisdictions.

find out more

Property Partnership Agreement

An Australian-law governed agreement establishing a partnership structure for joint property ownership and management.

find out more

Property Buyout Agreement

An Australian legal agreement documenting property ownership transfer through buyout, detailing purchase terms and conditions in compliance with federal and state property laws.

find out more

Private Sale Home Purchase Agreement

An Australian residential property sale agreement between private parties that governs the terms and conditions of a home purchase transaction.

find out more

Personal Property Purchase Agreement

An Australian law-governed agreement for the sale and purchase of personal property, detailing transaction terms and ensuring legal compliance.

find out more

Non Exclusive Real Estate Contract

An Australian legal agreement between a property owner and real estate agent for non-exclusive property marketing and sales services, compliant with local property laws and regulations.

find out more

Lease For Residential Property

An Australian residential property lease agreement establishing terms and conditions for property rental, compliant with state/territory legislation.

find out more

Commercial Contract Unimproved Property

Australian commercial contract template for unimproved property transactions, incorporating essential legal requirements and specific provisions for undeveloped land.

find out more

Standard Lease Agreement For House Rental

An Australian-compliant residential lease agreement for house rentals, establishing terms between landlord and tenant under relevant state/territory legislation.

find out more

Sellers Agreement

An Australian-law compliant agreement governing the sale of goods or services between a seller and buyer, incorporating ACL requirements and key commercial terms.

find out more

Standard Commercial Lease

An Australian law-governed commercial lease agreement establishing terms and conditions for commercial property rental between landlord and tenant.

find out more

Pre Contract Agreement Property Purchase

An Australian preliminary agreement outlining proposed terms and conditions for a potential property purchase, serving as a framework for the formal contract of sale.

find out more

Rental Property Partnership Agreement

An Australian law-governed agreement establishing a partnership for joint rental property ownership and management, defining partner rights, responsibilities, and profit-sharing arrangements.

find out more

Commercial Office Space Lease Agreement

An Australian-law governed agreement establishing terms and conditions for commercial office space leasing, detailing rights and obligations of landlord and tenant.

find out more

Wholesale Real Estate Purchase Agreement

An Australian law-governed agreement for wholesale commercial real estate transactions between sophisticated parties, addressing property transfer, due diligence, and completion requirements.

find out more

Business Property Lease Agreement

An Australian-law governed agreement establishing terms and conditions for commercial property leasing between landlord and business tenant.

find out more

Residential Sales Agreement

An Australian legal agreement for the sale and purchase of residential property, outlining terms, conditions, and obligations of both parties under Australian law.

find out more

Rent To Own Property Contract

An Australian law-governed agreement establishing a rent-to-own property arrangement, combining rental terms with a future purchase option.

find out more

Real Estate Purchase Agreement With Seller Financing

An Australian legal agreement combining property sale terms with seller financing arrangements, compliant with Australian property and consumer credit laws.

find out more

Personal Property Agreement

An Australian law-governed agreement establishing rights and obligations regarding personal property, including ownership, transfer, and security interests.

find out more

Home Buyers Agreement

An Australian-law governed agreement documenting the terms and conditions for residential property purchase between buyer and seller.

find out more

Real Estate Swap Agreement

An Australian law-governed agreement facilitating the exchange of real estate properties between parties, including transfer terms and compliance requirements.

find out more

Real Estate Earnest Money Agreement

An Australian legal agreement outlining terms for property purchase commitment and earnest money deposit, governed by Australian property law.

find out more

For Sale By Owner Land Contract

An Australian legal agreement for direct land sales between property owners and buyers, without real estate agent involvement.

find out more

For Sale By Owner Commission Agreement

An Australian legal agreement establishing commission terms and service provisions for assisted private property sales, complying with national and state-specific real estate regulations.

find out more

Assignment Of Land Contract

An Australian legal document that facilitates the transfer of land ownership rights from one party to another, complying with federal and state property laws.

find out more

Commercial Property Sale Agreement

An Australian legal agreement governing the sale and purchase of commercial real estate properties, compliant with federal and state property laws.

find out more

Buy Sell Agreement Between Co Owners Of Real Property

An Australian law-governed agreement establishing terms, conditions, and transfer mechanisms for real property co-ownership arrangements.

find out more

Agreement For Sale Of Mortgaged Property

An Australian legal agreement for the sale of mortgaged property, outlining terms of sale, mortgage discharge, and settlement requirements under Australian federal and state law.

find out more

Short Land Purchase Agreement

An Australian-law governed agreement for the purchase and sale of land, structured in a condensed format while maintaining all essential legal requirements.

find out more

Owner Finance Real Estate Contract

An Australian legal agreement where the property seller provides financing to the buyer, combining property sale and credit terms under Australian law.

find out more

Assignment Of Purchase Contract

An Australian legal document that transfers rights and obligations under an existing purchase contract from one party to another, including terms, conditions, and necessary consents.

find out more

Real Estate Exchange Agreement

An Australian legal agreement governing the sale and purchase of real property, outlining terms, conditions, and obligations under Australian property law.

find out more

Transfer Of Land Ownership Agreement

An Australian legal agreement for transferring land ownership between parties, compliant with state property laws and the Torrens Title system.

find out more

Private House Sale Contract

An Australian law-governed contract for the private sale of residential property, detailing terms, conditions, and obligations for property transfer between vendor and purchaser.

find out more

Residential Land Lease Agreement

An Australian law-governed agreement establishing terms for leasing residential land, typically used in manufactured home communities or similar residential developments.

find out more

Assignment Of Real Estate Purchase And Sale Agreement

An Australian legal agreement transferring rights and obligations under an existing real estate purchase contract from original buyer to new buyer.

find out more

Commercial Lease Purchase Agreement

An Australian law-governed agreement combining commercial property lease terms with a future purchase option, including all essential lease and sale provisions.

find out more

Real Estate Offer To Purchase

An Australian legal document representing a buyer's formal offer to purchase property, including proposed terms and conditions under Australian property law.

find out more

Real Estate Buyout Agreement

An Australian-law governed agreement for real estate property buyout transactions, detailing terms, conditions, and obligations for property transfer.

find out more

Property Donation Agreement

An Australian law-governed agreement facilitating the voluntary transfer of real property from a donor to a recipient without monetary consideration.

find out more

Vacant Land Purchase Agreement

An Australian legal agreement for the sale and purchase of vacant land, setting out terms, conditions, and obligations of both parties under Australian property law.

find out more

Commercial Sales Agreement

An Australian-compliant agreement governing the commercial sale of goods between businesses, establishing terms for pricing, delivery, warranties, and risk allocation.

find out more

Vacant Land Lease Agreement

Australian lease agreement for vacant land, establishing terms and conditions for undeveloped property use under Australian law.

find out more

Seller And Buyer Agreement

An Australian law-governed agreement establishing terms and conditions between seller and buyer for the sale and purchase of goods, assets, or services.

find out more

Lease Option Agreement Property For Sale

An Australian legal agreement combining a property lease with a future purchase option, establishing terms for both temporary occupation and potential acquisition of the property.

find out more

Property Loan Agreement

An Australian-law governed agreement establishing terms for property-secured lending, compliant with national consumer credit legislation.

find out more

Land Exchange Agreement

An Australian legal agreement facilitating the mutual transfer of land properties between parties, governed by federal and state property laws.

find out more

Residential Property Lease Agreement

An Australian-compliant legal agreement establishing terms and conditions for residential property rental between landlord and tenant.

find out more

Private Mortgage Contract

An Australian-compliant legal agreement establishing terms and security arrangements for a private mortgage between a non-institutional lender and borrower.

find out more

Buyer Builder Agreement

An Australian construction contract between a builder and property owner that governs residential building works, ensuring compliance with state building regulations and consumer protection laws.

find out more

Commercial Real Estate Purchase Agreement

An Australian law-governed agreement for the purchase and sale of commercial real estate, detailing all essential transaction terms and compliance requirements.

find out more

Property Transfer Agreement

An Australian legal agreement facilitating the transfer of real property ownership between parties, complying with state and federal property laws.

find out more

Trust Agreement For Property

An Australian law-governed agreement establishing a trust structure for property assets, defining roles, rights, and obligations of all parties involved.

find out more

Wholesale Real Estate Contract

An Australian legal agreement for wholesale real estate transactions between sophisticated parties, incorporating state and federal property law requirements.

find out more

Wholesale Agreement Contract

An Australian law-governed wholesale agreement contract establishing terms and conditions for wholesale trading relationships between suppliers and buyers.

find out more

Short Sale Agreement

An Australian-compliant agreement governing the terms and conditions of securities borrowing for short selling purposes, including lending arrangements, obligations, and regulatory requirements.

find out more

Property Co Ownership Agreement

An Australian law-governed agreement establishing rights and obligations between property co-owners, defining ownership shares, responsibilities, and management arrangements.

find out more

Property License Agreement

An Australian-law governed agreement establishing property usage rights between a licensor and licensee, defining terms, conditions, and obligations of both parties.

find out more

House Contract Agreement

An Australian legal agreement documenting the terms and conditions for the sale and purchase of residential property, ensuring compliance with state and federal property laws.

find out more

Land Contract

An Australian legal agreement governing the sale and purchase of real property, outlining terms, conditions, and obligations for property transfer under Australian law.

find out more

Sales Contract For House

An Australian legal agreement for the sale and purchase of residential property, detailing terms, conditions, and obligations of all parties involved.

find out more

Real Estate Agreement

An Australian law-governed agreement documenting the legal transfer of real property, including all essential terms, conditions, and obligations of the transaction.

find out more

Property Agreement

An Australian-compliant legal agreement documenting the terms and conditions of a property transaction between parties, including purchase terms, settlement details, and mutual obligations.

find out more

Land Sale Contract

An Australian legal agreement for the sale and purchase of real property, complying with state-specific property laws and regulations.

find out more

Land Sale Agreement

An Australian legal agreement for the sale and purchase of real property, outlining terms, conditions, and statutory requirements for property transfer.

find out more

Land Purchase Agreement

An Australian legal agreement governing the sale and purchase of land property, detailing terms, conditions, and obligations of both vendor and purchaser.

find out more

For Sale By Owner Purchase Agreement

An Australian legal agreement for direct property sales between owners and buyers without real estate agent involvement, outlining sale terms and conditions under Australian property law.

find out more

Commercial Rental Agreement

An Australian-law governed agreement establishing terms and conditions for commercial property leasing between landlord and tenant.

find out more

Commercial Property Lease Agreement

An Australian-law governed agreement establishing terms and conditions for commercial property leasing between landlord and tenant.

find out more

Commercial Lease Agreement

An Australian legal document establishing terms and conditions for commercial property leasing, compliant with state and federal regulations.

find out more

Buyers Agreement

An Australian-compliant agreement outlining terms and conditions for the purchase of goods or services, incorporating relevant consumer protection and commercial law requirements.

find out more

Wholesale Assignment Contract

An Australian law-governed agreement for transferring wholesale rights, contracts, or assets between commercial entities.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: https://www.genieai.co/our-research
Oops! Something went wrong while submitting the form.

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our Trust Centre for more details and real-time security updates.