The Conditional Deed of Sale Motor Vehicle is a crucial legal document used in Australian vehicle transactions where the sale completion is subject to specific conditions being met. These conditions typically include finance approval, mechanical inspection, or other prerequisites agreed upon by the parties. The document is designed to comply with Australian federal and state legislation, including the Australian Consumer Law, Personal Property Securities Act 2009, and state-specific motor vehicle trading regulations. It provides a comprehensive framework for documenting the terms of sale, vehicle details, warranties, and conditions precedent, while protecting the interests of both parties during the conditional period before the sale becomes unconditional. This deed is particularly important in commercial transactions, dealer sales, and private sales where specific conditions must be satisfied before ownership transfer.
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1. Parties: Identifies and provides full details of the Seller and Purchaser including names, addresses, and contact information
2. Background: Establishes the context of the sale, including the Seller's ownership and right to sell the vehicle
3. Definitions: Defines key terms used throughout the deed including 'Vehicle', 'Purchase Price', 'Completion Date', and 'Condition Precedent'
4. Vehicle Details: Comprehensive description of the vehicle including make, model, year, VIN/chassis number, registration number, and odometer reading
5. Purchase Price and Payment Terms: Specifies the agreed purchase price, deposit amount, payment method, and timeline for payment
6. Conditions Precedent: Lists all conditions that must be satisfied before the sale becomes unconditional
7. Completion: Details the completion process, including transfer of title, documentation, and handover arrangements
8. Seller's Warranties: Warranties provided by the seller regarding vehicle ownership, condition, and encumbrances
9. Purchaser's Acknowledgments: Purchaser's confirmations regarding vehicle inspection, condition acceptance, and understanding of terms
10. Risk and Insurance: Specifies when risk passes to the purchaser and insurance requirements
11. Default and Termination: Consequences of default by either party and termination provisions
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause
1. Trade-in Vehicle: Details of any vehicle being traded in as part of the purchase, including trade-in value and condition - used when there is a trade-in arrangement
2. Finance Conditions: Specific conditions relating to finance approval and requirements - included when purchase is subject to finance
3. Mechanical Inspection: Conditions relating to mechanical inspection requirements and outcomes - used when sale is subject to mechanical inspection
4. Holding Deposit: Terms for holding deposit and refund conditions - included when a holding deposit is required
5. Modifications and Accessories: Details of any modifications or accessories included/excluded from sale - used when vehicle has significant modifications
6. Interstate Transfer: Additional provisions for interstate vehicle transfers - included for interstate sales
7. GST Provisions: Specific GST-related terms - required when either party is GST-registered
1. Schedule 1 - Vehicle Specification: Detailed technical specifications and features of the vehicle
2. Schedule 2 - Vehicle Condition Report: Comprehensive report on vehicle condition including photographs and noted defects
3. Schedule 3 - Service History: Details of vehicle service history and maintenance records
4. Schedule 4 - PPSR Certificate: Personal Property Securities Register search certificate
5. Schedule 5 - Required Transfer Documentation: List and copies of all required transfer documentation
6. Appendix A - Vehicle Photos: Dated photographs of vehicle condition at time of agreement
7. Appendix B - Roadworthy Certificate: Current roadworthy certificate or vehicle inspection report where applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Automotive
Transport & Logistics
Fleet Management
Car Dealership
Vehicle Leasing
Asset Finance
Insurance
Vehicle Manufacturing
Vehicle Import/Export
Corporate Services
Relevant Teams
Legal
Compliance
Sales
Procurement
Operations
Finance
Risk Management
Fleet Management
Corporate Services
Contract Administration
Relevant Roles
Fleet Manager
Procurement Officer
Sales Manager
Compliance Officer
Legal Counsel
Contract Administrator
Vehicle Sales Representative
Finance Manager
Operations Manager
Risk Manager
Business Development Manager
Dealer Principal
Asset Manager
Corporate Services Manager
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