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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."
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
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
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
Real Estate
Legal Services
Financial Services
Property Development
Construction
Property Management
Banking
Insurance
Conveyancing Services
Property Investment
Legal
Real Estate
Property Management
Conveyancing
Compliance
Sales
Operations
Business Development
Risk Management
Document Control
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
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