As Is Where Is Deed Of Sale Template for Australia
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What is a As Is Where Is Deed Of Sale?
The As Is Where Is Deed of Sale is a specialized legal document used in Australian property transactions where the seller wishes to transfer property with minimal ongoing liability for its condition. This document is particularly useful in situations involving distressed sales, auction sales, properties requiring renovation, or where the seller has limited knowledge of the property's condition. The deed explicitly documents that the buyer has inspected the property and accepts it in its current state, with all existing defects and issues. It includes detailed provisions limiting the seller's warranties to basic matters such as title, while requiring the buyer to rely on their own investigations and due diligence. This type of deed is common in commercial property transactions and requires careful drafting to ensure compliance with Australian consumer protection laws while maintaining the 'as is' nature of the sale.
About the As Is Where Is Deed Of Sale
An As Is Where Is Deed of Sale is a crucial legal document in Australian property transactions that allows sellers to transfer property ownership while significantly limiting their liability for the property's condition. This specialized deed explicitly states that you, as the buyer, accept the property in its current state with all existing defects, issues, and circumstances.
When do you need this document?
You'll need this deed when purchasing property in situations where the seller cannot or will not provide standard warranties about the property's condition. This commonly occurs in auction sales, distressed property transactions, estate sales, or when buying properties requiring significant renovation. Commercial property transactions frequently use this deed type, as do sales involving properties with known defects or where the seller has limited knowledge of the property's history. If you're buying property "sight unseen" or from a seller who inherited the property, this deed provides the necessary legal framework for the transaction.
Key legal considerations
The most critical aspect of this deed is understanding that you waive most rights to claim against the seller for defects discovered after purchase. However, Australian Consumer Law under the Competition and Consumer Act 2010 provides certain consumer guarantees that cannot be excluded, even in 'as is' sales. The seller must still provide clear title and cannot misrepresent known material facts. You should ensure the deed includes proper definitions of the property boundaries, any included chattels, and the completion procedures. The document must clearly state what inspections you've conducted and acknowledge that you're relying on your own due diligence rather than seller warranties. Consider including clauses about access for final inspections and procedures for handling any title issues that may arise.
Legal requirements in Australia
Under the Property Law Act 1958 and related Australian legislation, this deed must comply with specific formal requirements for property transfers. The document requires proper execution by all parties, including witnesses where required by state law. You must ensure compliance with stamp duty obligations under the Duties Act 2000, as the 'as is' nature doesn't exempt the transaction from standard taxation. The Electronic Transactions Act 1999 may allow electronic execution, but check your state's specific requirements. The deed must be drafted carefully to distinguish between excluded warranties and mandatory disclosures required under consumer protection laws. Additionally, if the property includes goods or chattels, the Sale of Goods Act 1954 may apply alongside property law requirements. Professional legal advice is essential to ensure the deed properly balances the seller's liability limitations with your rights as a buyer under Australian law.
GOVERNING LAW
Applicable law
This As Is Where Is Deed Of Sale is drafted to comply with Australia law. Key legislation includes:
Property Law Act 1958: Governs property transactions and transfer of title in Australia, providing the legal framework for property sales
Sale of Goods Act 1954: Regulates the sale of goods and provides basic rules about transfer of title, even in 'as is' sales
Conveyancing Act 1919: Specifies requirements for property transfer documentation and procedures in property transactions
Electronic Transactions Act 1999: Provides for the validity of electronic signatures and electronic execution of documents if applicable
Duties Act 2000: Governs stamp duty obligations in property transfers and sales transactions
Personal Property Securities Act 2009: Important for checking if there are any existing securities on the property being sold 'as is'
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