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Sell By Owner Purchase Agreement
"I need a Sell By Owner Purchase Agreement for my Sydney residential property with existing tenants, targeting settlement by March 2025, and including special conditions for solar panel system warranties and pool compliance certificates."
1. Parties: Identification and details of the seller and purchaser, including full legal names, addresses, and contact information
2. Background: Context of the sale and brief description of the property transaction
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Full legal description of the property, including lot number, title reference, and street address
5. Purchase Price: Agreed purchase price and payment terms, including deposit details
6. Settlement: Settlement date, time, and location details, including conditions for settlement
7. Property Condition: Current condition of the property and any agreed repairs or modifications before settlement
8. Title and Transfer: Warranties regarding clear title and process for title transfer
9. Buyer's Inspections: Rights and timeframes for property inspections and pest/building reports
10. Risk and Insurance: Transfer of risk and insurance requirements until settlement
11. Default and Termination: Consequences of default by either party and termination provisions
12. Notices: How and where notices must be served between parties
13. GST: GST status and implications of the sale
14. General Provisions: Standard contract terms including governing law, entire agreement, and amendments
15. Execution: Signing provisions and execution requirements
1. Tenant Provisions: Required if the property is sold with existing tenants, including lease details and obligations
2. Swimming Pool Compliance: Required if the property includes a swimming pool, addressing compliance certificates and safety requirements
3. Foreign Investment: Required if the purchaser is a foreign person, including FIRB approval requirements
4. Building Warranties: Required for properties less than 6 years old or with recent major renovations
5. Inclusions/Exclusions: Detailed list of items included or excluded from the sale if different from standard fixtures
6. Special Conditions: Any unique conditions specific to this sale
7. Finance Condition: Required if the purchase is subject to finance approval
8. Development Provisions: Required if the property has development potential or restrictions
1. Schedule 1 - Property Inventory: Detailed list of all fixtures and fittings included in the sale
2. Schedule 2 - Special Conditions: Detailed special conditions if any
3. Schedule 3 - Property Certificate: Title search and property certificate details
4. Schedule 4 - Disclosure Statement: Required statutory disclosures about the property
5. Appendix A - Property Plans: Copy of property plans, surveys, and title diagrams
6. Appendix B - Certificates: Copies of relevant certificates (compliance, building, pool etc.)
7. Appendix C - Existing Tenancy Documents: Copies of lease agreements and tenant details if applicable
8. Appendix D - Payment Schedule: Detailed breakdown of the payment terms and schedule
Authors
Purchase Price
Payment Terms
Deposit
Settlement
Title Transfer
Property Inspection
Due Diligence
Warranties
Risk and Insurance
Default
Termination
Property Condition
Representations
Compliance
GST
Notices
Assignment
Force Majeure
Dispute Resolution
Governing Law
Amendments
Severability
Entire Agreement
Time of Essence
Costs
Further Assurance
Confidentiality
Foreign Investment
Special Conditions
Real Estate
Legal Services
Financial Services
Property Development
Construction
Property Management
Banking
Insurance
Conveyancing Services
Legal
Real Estate
Property Management
Conveyancing
Compliance
Risk Management
Finance
Operations
Document Control
Administrative Support
Property Owner
Private Seller
Property Buyer
Conveyancer
Property Lawyer
Legal Counsel
Settlement Agent
Mortgage Broker
Bank Manager
Property Manager
Building Inspector
Legal Administrator
Compliance Officer
Property Developer
Investment Manager
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