The Deed of Sale With Mortgage is a crucial legal instrument in Australian property transactions, used when a property purchase is being financed through a mortgage arrangement. This document is particularly relevant in situations where the property transfer and mortgage security need to be established simultaneously, ensuring both aspects are legally binding and properly documented. It incorporates all necessary elements required under Australian property law, including the Torrens Title system requirements, state-specific property legislation, and national consumer credit protection provisions. The deed serves multiple purposes: it evidences the sale agreement, establishes the mortgage security, details all parties' rights and obligations, and ensures compliance with relevant property and banking regulations. This type of deed is commonly used in both residential and commercial property transactions throughout Australia, providing a comprehensive framework for secured property purchases.
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1. Parties: Identification of all parties including Vendor, Purchaser, and Mortgagee
2. Background: Context of the transaction, including property ownership status and intention to sell with mortgage
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Agreement to Sell and Purchase: Core terms of the sale including price and payment terms
5. Property Details: Detailed description of the property and inclusions/exclusions
6. Mortgage Terms: Key mortgage provisions including principal sum, interest rate, and repayment terms
7. Security Provisions: Details of the security being granted over the property
8. Settlement and Completion: Requirements and process for settlement of the sale and mortgage
9. Representations and Warranties: Statements of fact and promises by each party
10. Default and Enforcement: Consequences and remedies for default under either sale or mortgage provisions
11. Costs and Duties: Allocation of transaction costs, stamp duty, and other expenses
12. General Provisions: Standard legal provisions including notices, governing law, and execution requirements
1. Guarantor Provisions: Required when there are guarantors for the mortgage obligations
2. Special Conditions: Used for any unique requirements or conditions specific to the transaction
3. Environmental Matters: Required when there are specific environmental considerations or obligations
4. Planning and Development: Included when there are relevant planning permits or development conditions
5. Tenancy Provisions: Required when the property is sold subject to existing tenancies
6. Body Corporate Provisions: Required for properties under strata or community title
7. Property Services: Required when specific services or utilities arrangements need to be addressed
1. Property Description Schedule: Detailed legal description of the property including title references
2. Purchase Price Schedule: Breakdown of purchase price, deposit, and payment terms
3. Mortgage Terms Schedule: Detailed mortgage conditions including payment schedule and interest calculations
4. Included Chattels Schedule: List of moveable items included in the sale
5. Excluded Items Schedule: List of items specifically excluded from the sale
6. Special Conditions Schedule: Details of any special conditions applying to the sale or mortgage
7. Form of Transfer: Prescribed form for property transfer as required by relevant land registry
8. Disclosure Documents: Required statutory disclosures and certificates
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