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Deed Of Sale Of Property Template for Australia

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Key Requirements PROMPT example:

Deed Of Sale Of Property

"I need a Deed of Sale of Property for a commercial warehouse in Brisbane, including specific provisions for existing tenant rights and a delayed settlement date of March 15, 2025, with the property being sold to a foreign investment company."

Document background
The Deed of Sale of Property is a crucial legal document used in Australian property transactions to formally transfer real estate ownership. It is required whenever there is a sale of real property, whether residential, commercial, or industrial, and must comply with both federal and state-specific property legislation. This deed serves as evidence of the transfer of legal title and includes essential elements such as property details, purchase price, settlement terms, and party obligations. The document must meet specific formal requirements under Australian law to be valid as a deed, including proper execution and witnessing. It is particularly important as it creates immediate binding obligations upon execution, unlike a contract for sale, and provides additional legal protections for both parties.
Suggested Sections

1. Parties: Identifies and provides full details of the Vendor and Purchaser, including ACN/ABN for companies

2. Background: Establishes context including property ownership, intention to sell/purchase, and any relevant pre-contractual matters

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes rules for interpretation

4. Property Details: Comprehensive description of the property including lot number, title reference, address, and included fixtures/fittings

5. Purchase Price: Specifies the agreed purchase price, deposit amount, and payment terms

6. Settlement: Details of settlement date, time, location, and requirements for completion

7. Vendor's Obligations: Outlines the seller's responsibilities including providing clear title and required documentation

8. Purchaser's Obligations: Specifies buyer's responsibilities including payment terms and due diligence requirements

9. Adjustments: Provisions for adjusting rates, taxes, and other outgoings at settlement

10. Title and Transfer: Requirements for transfer of title and associated documentation

11. Warranties: Vendor's warranties regarding the property's condition, title, and encumbrances

12. Default and Termination: Consequences of default and circumstances allowing termination

13. Execution: Formal execution provisions including signing requirements and attestation

Optional Sections

1. GST Provisions: Required when the sale is subject to GST, detailing GST treatment and obligations

2. Foreign Investment: Required when purchaser is a foreign person under FIRB regulations

3. Tenancy Details: Required when property is sold subject to existing tenancy

4. Special Conditions: Used for any unique requirements or circumstances specific to the transaction

5. Agent's Details: Required when real estate agent is involved in the transaction

6. Finance Conditions: Required when purchase is subject to finance approval

7. Building and Pest Conditions: Used when sale is subject to satisfactory building and pest inspections

8. Development Conditions: Required when property is subject to development applications or approvals

Suggested Schedules

1. Property Schedule: Detailed description of land, improvements, and included chattels

2. Title Search: Current title search showing registered interests and encumbrances

3. Plan of Land: Survey plan or registered plan showing property boundaries and dimensions

4. Disclosure Statement: Statutory disclosures required under relevant state legislation

5. Existing Tenancy Documents: Copies of lease agreements and tenant details if property sold tenanted

6. Outstanding Notices: Copies of any notices affecting the property from authorities

7. Certificate of Title: Copy of certificate of title or title reference

8. Payment Schedule: Detailed breakdown of purchase price, deposit, and settlement payments

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













































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Relevant Industries

Real Estate

Property Development

Banking and Finance

Legal Services

Construction

Investment

Property Management

Agricultural (for rural properties)

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Corporate Services

Operations

Conveyancing

Business Development

Document Control

Relevant Roles

Property Lawyer

Conveyancing Manager

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Contract Administrator

Property Development Manager

Settlement Officer

Corporate Lawyer

Real Estate Transaction Coordinator

Title Officer

Risk Manager

Company Secretary

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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