The Deed of Absolute Sale with Special Power of Attorney is a specialized legal instrument used in Australian property transactions where one party requires authorized representation during or after the sale process. This document is particularly valuable when sellers or buyers cannot personally attend to all aspects of the transaction, such as in cases of overseas parties or complex corporate transactions. The deed portion ensures complete transfer of property rights, while the power of attorney section grants specific authorities to a designated representative. This document type is commonly used in international property transactions, corporate relocations, or situations where parties need flexibility in completing property-related matters. It must comply with Australian state and federal legislation regarding property transfers and power of attorney appointments, including registration requirements and formal execution procedures.
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1. Parties: Identifies and provides full details of the Vendor/Seller and Purchaser/Buyer
2. Background: Establishes the context of the sale and the intention to grant power of attorney
3. Definitions and Interpretation: Defines key terms and establishes rules for interpreting the deed
4. Sale and Purchase: Core terms of the sale including purchase price and payment terms
5. Property Details: Comprehensive description of the property being sold
6. Grant of Special Power of Attorney: Terms and scope of the power of attorney being granted
7. Attorney Powers and Responsibilities: Detailed list of powers granted to the attorney
8. Warranties and Representations: Seller's warranties regarding property title and condition
9. Settlement and Completion: Requirements and process for completing the sale
10. Execution Requirements: Formal requirements for valid execution of the deed
11. Governing Law: Specifies Australian law as governing law and relevant jurisdiction
1. Foreign Investment Provisions: Required when either party is a foreign entity subject to FIRB approval
2. GST Provisions: Required when the sale is subject to GST
3. Mortgage Discharge: Include when property has existing mortgage requiring discharge
4. Special Conditions: For any unique requirements or conditions of the sale
5. Attorney Substitution Rights: Optional provision allowing attorney to appoint substitute
6. Multiple Attorneys Provisions: Required when more than one attorney is appointed
7. Revocation Terms: Optional terms regarding power of attorney revocation
8. Tenant Provisions: Required when property is sold subject to existing tenancy
1. Property Schedule: Detailed property description, including title details, boundaries, and improvements
2. Purchase Price Schedule: Breakdown of purchase price, deposit, and payment terms
3. Power of Attorney Terms: Comprehensive list of attorney powers and limitations
4. Excluded Items Schedule: List of items specifically excluded from the sale
5. Included Chattels Schedule: Inventory of fixtures and fittings included in the sale
6. Required Documents: List of documents required for settlement
7. Execution Forms: Prescribed forms for deed execution and power of attorney registration
Relevant legal definitions
Attorney
Business Day
Completion
Completion Date
Contract Price
Deed
Deposit
Encumbrances
GST
Improvements
Land
Legal Practitioner
Loss
Outgoings
Party/Parties
Permitted Encumbrances
Power of Attorney
Principal
Property
Purchase Price
Purchaser
Registration
Related Entity
Representative
Settlement
Special Conditions
Stamp Duty
Title Documents
Transfer
Transfer Date
Vendor
Warranties
Business Day
Completion
Completion Date
Contract Price
Deed
Deposit
Encumbrances
GST
Improvements
Land
Legal Practitioner
Loss
Outgoings
Party/Parties
Permitted Encumbrances
Power of Attorney
Principal
Property
Purchase Price
Purchaser
Registration
Related Entity
Representative
Settlement
Special Conditions
Stamp Duty
Title Documents
Transfer
Transfer Date
Vendor
Warranties
Clauses
Sale and Purchase
Property Transfer
Powers of Attorney
Consideration
Title and Ownership
Warranties and Representations
Settlement
Completion
Registration
Attorney Appointment
Attorney Powers
Attorney Duties
Attorney Limitations
Property Description
Purchase Price
Payment Terms
Deposit
Stamp Duty
GST
Foreign Investment
Due Diligence
Property Inspection
Encumbrances
Title Search
Risk and Insurance
Default and Remedies
Dispute Resolution
Notices
Costs and Expenses
Governing Law
Severability
Entire Agreement
Assignment
Force Majeure
Execution
Attestation
Property Transfer
Powers of Attorney
Consideration
Title and Ownership
Warranties and Representations
Settlement
Completion
Registration
Attorney Appointment
Attorney Powers
Attorney Duties
Attorney Limitations
Property Description
Purchase Price
Payment Terms
Deposit
Stamp Duty
GST
Foreign Investment
Due Diligence
Property Inspection
Encumbrances
Title Search
Risk and Insurance
Default and Remedies
Dispute Resolution
Notices
Costs and Expenses
Governing Law
Severability
Entire Agreement
Assignment
Force Majeure
Execution
Attestation
Relevant Industries
Real Estate
Legal Services
Banking and Finance
Property Development
Construction
Investment Management
Property Management
Professional Services
Government and Public Sector
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Corporate Services
Operations
Risk Management
Contract Administration
Transaction Services
Documentation
Relevant Roles
Property Lawyer
Real Estate Agent
Conveyancing Manager
Legal Counsel
Property Manager
Compliance Officer
Contract Administrator
Real Estate Transaction Coordinator
Settlement Agent
Property Development Manager
Investment Manager
Legal Operations Manager
Corporate Counsel
Real Estate Partner
Title Officer
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