Deed Of Sale With Special Power Of Attorney for Australia

Deed Of Sale With Special Power Of Attorney Template for Australia

A comprehensive legal instrument used in Australian jurisdictions that combines a property sale agreement with a power of attorney appointment. This deed facilitates the transfer of property ownership while simultaneously granting specific legal powers to an appointed representative to act on behalf of the seller or buyer. The document complies with Australian property law requirements and power of attorney regulations, incorporating necessary provisions for property transfer, settlement procedures, and the scope of the attorney's authority. It includes detailed specifications of the property, sale terms, and the extent of powers granted to the attorney.

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What is a Deed Of Sale With Special Power Of Attorney?

The Deed of Sale with Special Power of Attorney is a specialized legal instrument used in Australian property transactions where one party requires representation through an appointed attorney. This document type is particularly valuable when sellers or buyers cannot be physically present for the transaction process or require ongoing representation for property-related matters. The deed combines two crucial legal elements: the property sale agreement and the power of attorney appointment. It must comply with various Australian legislative requirements, including state-specific property laws and the Powers of Attorney Act. The document typically includes comprehensive details about the property, sale terms, settlement procedures, and explicitly defines the scope and limitations of the attorney's powers. This deed type is commonly used in situations involving overseas parties, complex commercial transactions, or when ongoing representation is needed for property-related matters.

What sections should be included in a Deed Of Sale With Special Power Of Attorney?

1. Parties: Identifies and defines all parties to the deed, including the Seller, Buyer, and appointed Attorney

2. Background: Outlines the context of the sale and the need for the power of attorney arrangement

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes interpretation principles

4. Sale Agreement: Details the terms of the property sale, including property description, purchase price, and payment terms

5. Grant of Power of Attorney: Specifies the powers being granted to the attorney, including scope and limitations

6. Attorney's Powers and Responsibilities: Detailed list of specific powers granted and the attorney's obligations

7. Property Details: Comprehensive description of the property being sold, including title details and encumbrances

8. Settlement and Completion: Specifies the settlement process, timing, and completion requirements

9. Warranties and Representations: Lists warranties given by the seller regarding the property and authority to sell

10. Execution Requirements: Specifies how the deed must be executed to be valid, including witnessing requirements

11. Governing Law: Establishes that Australian law governs the deed and specifies the relevant jurisdiction

What sections are optional to include in a Deed Of Sale With Special Power Of Attorney?

1. Foreign Investment Provisions: Required when the buyer is a foreign person or entity, addressing FIRB requirements

2. GST Provisions: Required when the transaction is subject to GST considerations

3. Mortgage Discharge: Required when the property is subject to an existing mortgage that needs to be discharged

4. Special Conditions: For any unique requirements or conditions specific to the transaction

5. Tenant Provisions: Required when the property is sold subject to existing tenancies

6. Attorney Resignation Process: Optional provisions for the process of attorney resignation or replacement

7. Multiple Attorneys Provisions: Required when appointing multiple attorneys, specifying how they must act

What schedules should be included in a Deed Of Sale With Special Power Of Attorney?

1. Schedule 1 - Property Description: Detailed technical description of the property, including title references and plan details

2. Schedule 2 - Purchase Price Breakdown: Itemized breakdown of the purchase price, including any adjustments and deposit details

3. Schedule 3 - Included Chattels: List of moveable items included in the sale

4. Schedule 4 - Special Powers: Detailed list of specific powers granted to the attorney

5. Schedule 5 - Execution Requirements: Specific requirements for valid execution by all parties

6. Appendix A - Property Title Documents: Copies of relevant title documents and plans

7. Appendix B - Disclosure Documents: Required property disclosure documents and certificates

8. Appendix C - Identification Documents: Certified copies of identification documents for all parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Sale Deed

Sector

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Construction

Property Investment

Banking

Commercial Property

Residential Property

Conveyancing Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Operations

Contract Administration

Conveyancing

Risk Management

Corporate Services

Documentation

Relevant Roles

Property Lawyer

Real Estate Attorney

Conveyancer

Property Manager

Real Estate Agent

Legal Counsel

Contract Administrator

Property Developer

Settlement Agent

Compliance Officer

Real Estate Transaction Coordinator

Property Portfolio Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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