The Offer To Purchase Form Private Sale is a crucial document in Australian real estate transactions, designed to initiate the formal process of property acquisition between private parties. This document is typically used when a potential buyer wishes to make a formal written offer to purchase real estate without going through an auction process. It includes essential information such as the property details, purchase price, deposit arrangements, settlement terms, and any specific conditions of the offer. The form serves as a preliminary agreement that, upon acceptance, leads to the preparation of a formal contract of sale. It is particularly important in Australian jurisdictions where it provides a clear record of the offered terms and helps ensure compliance with state-specific property laws and regulations. The document is designed to protect both buyers' and sellers' interests while maintaining transparency in the transaction process.
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1. Parties: Full legal names and contact details of the buyer(s) and seller(s)
2. Property Details: Complete legal description of the property, including address, lot number, title details, and included fixtures/fittings
3. Purchase Price: The offered purchase amount in both numbers and words, including deposit amount and payment terms
4. Settlement Terms: Proposed settlement date and any specific settlement requirements
5. Finance Details: Information about how the purchase will be financed, including any finance conditions
6. Deposit Terms: Amount, payment method, and timing of deposit, including deposit holder details
7. Inspection Status: Confirmation of property inspections conducted or required
8. Conditions Precedent: Essential conditions that must be met for the offer to become binding
9. Execution: Signature blocks for all parties and witness details
1. Special Conditions: Any additional conditions requested by the buyer or required by specific circumstances
2. Chattels Included: Detailed list of moveable items included in the sale, used when specific items are being included
3. Chattels Excluded: List of items specifically excluded from the sale, used when clarification is needed
4. Foreign Investment Declaration: Required when the buyer is a foreign person under FIRB regulations
5. Tenant Details: Information about existing tenancies, used when property is sold with tenants in place
6. GST Declaration: Required when the property might be subject to GST
7. Company Details: Additional details required when buyer or seller is a company
8. Agent Details: Information about real estate agents involved, if applicable
1. Property Inventory: Detailed list of all fixtures, fittings, and included items
2. Due Diligence Checklist: Standard checklist of investigations and inspections to be completed
3. Proof of Funds: Evidence of buyer's ability to complete the purchase
4. Special Conditions Appendix: Detailed special conditions if too lengthy for main document
5. Property Disclosure Statement: Seller's declarations about property condition and known issues
6. Building Inspection Report: If already completed, details of building inspection findings
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