The Private Sale Home Purchase Agreement is a fundamental legal document used in Australian residential property transactions where the sale occurs directly between private parties rather than through auction. This comprehensive agreement is designed to protect both vendors and purchasers while ensuring compliance with Australian property law and state-specific regulations. It is typically used when a homeowner wishes to sell their property directly to a buyer, and includes essential elements such as property details, purchase price, settlement terms, warranties, and conditions. The document incorporates mandatory consumer protections, statutory disclosures, and cooling-off provisions as required by Australian law. It serves as the primary contract governing the entire transaction from exchange to settlement, providing clear obligations and rights for all parties involved.
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1. Parties: Identification and details of the Vendor and Purchaser
2. Background: Context of the sale and brief property description
3. Definitions: Definitions of key terms used throughout the agreement
4. Sale of Property: Core agreement to sell and purchase, including price and deposit details
5. Property Description: Detailed description of the property and included fixtures/fittings
6. Price and Payment Terms: Purchase price, deposit amount, payment schedule and settlement requirements
7. Settlement: Settlement date, process, and obligations of both parties
8. Title and Transfer: Requirements for clear title and transfer of ownership
9. Vendor Warranties: Standard warranties about the property's condition and title
10. Purchaser Warranties: Purchaser's confirmations regarding finance and capacity to complete
11. Default and Termination: Consequences of default and termination rights
12. General Provisions: Standard contract clauses including notices, governing law, and execution
1. Finance Condition: Used when purchase is subject to finance approval
2. Building and Pest Inspection: Used when purchase is conditional on satisfactory inspections
3. Existing Tenancy: Required when property is sold with sitting tenants
4. Swimming Pool Compliance: Required for properties with swimming pools
5. Foreign Investment Approval: Required for foreign purchasers
6. Early Possession: Used when purchaser requires access before settlement
7. Vendor Finance: Used when vendor is providing financing arrangements
8. Development Conditions: Used when purchase is subject to development approval
9. GST Provisions: Required for commercial properties or new residential premises
1. Schedule 1 - Property Details: Detailed property description, title details, and encumbrances
2. Schedule 2 - Included Chattels: List of included moveable items and fixtures
3. Schedule 3 - Special Conditions: Any additional terms and conditions specific to this sale
4. Schedule 4 - Statutory Disclosures: Required statutory notices and disclosures
5. Schedule 5 - Payment Schedule: Detailed breakdown of payment terms and timing
6. Appendix A - Title Search: Current title search showing ownership and encumbrances
7. Appendix B - Property Plans: Registered plans and property drawings
8. Appendix C - Disclosure Documents: Required state-specific disclosure documents
9. Appendix D - Certificates: Relevant compliance certificates and permits
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Relevant Roles
Real Estate Agent
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Compliance Officer
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