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Apartment Sale And Purchase Agreement Template for Australia

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Key Requirements PROMPT example:

Apartment Sale And Purchase Agreement

"I need an Apartment Sale and Purchase Agreement for a strata-titled unit in Sydney, Australia, with settlement scheduled for March 15, 2025, including specific provisions for an existing tenant and a swimming pool compliance clause."

Document background
The Apartment Sale And Purchase Agreement is a fundamental legal document used in Australian residential property transactions specifically for apartments and units. It is essential when transferring ownership of strata-titled properties, ensuring compliance with relevant state and federal legislation. This document is required whenever an apartment is being sold in Australia, whether it's an existing property or off-the-plan purchase. It contains crucial details about the property, parties involved, financial terms, settlement conditions, and specific provisions related to strata schemes. The agreement incorporates necessary consumer protections, statutory warranties, and state-specific requirements, making it suitable for both private sales and those conducted through real estate agencies. It's designed to protect both vendors' and purchasers' interests while ensuring transparency and legal compliance in apartment transactions.
Suggested Sections

1. Parties: Identification of the vendor(s) and purchaser(s) with full legal names and addresses

2. Background: Context of the transaction and brief description of the property being sold

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

4. Property Description: Detailed description of the apartment, including lot number, strata plan details, and included fixtures and fittings

5. Purchase Price: Agreed purchase price, deposit amount, and payment terms

6. Deposit: Details of deposit payment, holding arrangements, and conditions

7. Settlement: Settlement date, timing, and completion requirements

8. Title and Transfer: Provisions regarding transfer of title and associated requirements

9. Adjustments: Adjustments of outgoings, rates, taxes, and strata levies

10. Vendor's Warranties: Warranties provided by the vendor regarding the property

11. Purchaser's Warranties: Warranties and acknowledgments provided by the purchaser

12. Default: Consequences and remedies in case of default by either party

13. Risk and Insurance: Transfer of risk and insurance requirements

14. Notices: Requirements for giving notices under the agreement

15. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability

Optional Sections

1. Foreign Investment: Required when purchaser is a foreign person, including FIRB approval requirements

2. Finance Condition: Include when purchase is subject to purchaser obtaining finance approval

3. Building and Pest Inspection: Include when purchase is subject to satisfactory building and pest inspections

4. Sale of Existing Property: Include when purchase is conditional on purchaser selling their existing property

5. GST: Required when the sale is subject to GST (e.g., new apartments or commercial premises)

6. Off-the-Plan Provisions: Required for sales of apartments that haven't been built or registered

7. Tenancy: Include when property is sold subject to existing tenancy

8. Swimming Pool Compliance: Required when apartment includes private swimming pool or spa

9. Car Space License: Include when car space is held under separate license agreement

10. Storage Unit: Include when storage unit is included in sale

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of lot, common property, and any exclusive use areas

2. Schedule 2 - Included Chattels: List of included fixtures, fittings, and other items

3. Schedule 3 - Special Conditions: Any special conditions agreed between the parties

4. Schedule 4 - Prescribed Documents: Statutory required documents including title search, strata plan, and by-laws

5. Schedule 5 - Form of Transfer: Prescribed form of transfer document

6. Appendix A - Strata Information: Current strata report, levies, and by-laws

7. Appendix B - Property Certificate: Local council certificate showing planning and zoning information

8. Appendix C - Building Report: Any existing building inspection reports

9. Appendix D - Lease Details: Details of any existing lease or tenancy agreement

10. Appendix E - Plans and Drawings: Floor plans, location plans, and any relevant architectural drawings

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Legal Services

Financial Services

Property Development

Construction

Property Management

Banking

Insurance

Conveyancing Services

Property Investment

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Compliance

Sales

Operations

Business Development

Risk Management

Document Control

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancer

Property Manager

Strata Manager

Legal Counsel

Contract Administrator

Property Developer

Sales Manager

Compliance Officer

Property Valuer

Settlement Agent

Mortgage Broker

Real Estate Partner

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

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