The House Purchase Agreement Form is a fundamental legal document used in Australian residential property transactions. It is designed to facilitate the formal agreement between a property vendor and purchaser, incorporating all essential elements required by Australian property law and state-specific regulations. This document should be used whenever a residential property is being sold or purchased in Australia, whether it's a house, unit, or vacant land intended for residential use. The agreement includes crucial information such as property details, purchase price, settlement terms, warranties, and conditions precedent. It ensures compliance with relevant state and federal legislation while protecting the interests of both parties. The document is typically prepared with professional legal assistance and may require customization based on specific transaction requirements and state jurisdictional variances.
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1. Parties: Identification and details of the vendor(s) and purchaser(s), including full legal names, addresses, and contact information
2. Background: Context of the transaction and brief description of the property being sold
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including lot number, title reference, address, and included fixtures and fittings
5. Purchase Price: Agreed purchase price, deposit amount, and payment terms
6. Deposit Terms: Details of deposit payment, holding arrangements, and conditions
7. Settlement: Settlement date, time, and location requirements
8. Title and Transfer: Provisions regarding transfer of title and required documentation
9. Vendor's Warranties: Warranties provided by the vendor regarding the property's condition and title
10. Purchaser's Warranties: Warranties provided by the purchaser regarding financial capacity and authority to purchase
11. Conditions Precedent: Conditions that must be satisfied before completion, including finance and inspection requirements
12. Default and Termination: Consequences of default and circumstances allowing termination
13. Completion Requirements: Detailed procedures and requirements for completion of the sale
14. Notices: Requirements for giving and receiving notices under the agreement
15. General Provisions: Standard legal provisions including governing law, entire agreement, and amendment procedures
1. Tenant Provisions: Required when the property is sold subject to existing tenancy
2. Swimming Pool Compliance: Required when the property includes a swimming pool, addressing compliance requirements
3. Foreign Investment Approval: Required when the purchaser is a foreign person requiring FIRB approval
4. Building and Pest Inspection: Optional clause allowing for building and pest inspection conditions
5. GST Provisions: Required when the transaction is subject to GST
6. Special Conditions: For any additional terms specific to the transaction
7. Development Approval: Required when the property is subject to development applications or approvals
8. Body Corporate Provisions: Required for properties under strata or community title
9. Water Rights: Required for rural properties with water entitlements
1. Schedule 1 - Property Inventory: Detailed list of included fixtures, fittings, and chattels
2. Schedule 2 - Title Documents: Copies of title documents and registered encumbrances
3. Schedule 3 - Disclosure Statement: Required statutory disclosures about the property
4. Schedule 4 - Property Certificate: Current property certificate showing encumbrances and restrictions
5. Schedule 5 - Special Conditions: Detailed special conditions if applicable
6. Appendix A - Property Plans: Property plans, surveys, and diagrams
7. Appendix B - Compliance Certificates: Relevant compliance certificates for pool, building, or planning requirements
8. Appendix C - Tenancy Documents: Copies of existing lease agreements if applicable
9. Appendix D - Building Reports: Any existing building inspection or pest reports
Relevant legal definitions
Agreement
Bank
Business Day
Completion
Completion Date
Contract Date
Deposit
Deposit Holder
Encumbrances
Fixtures
GST
Improvements
Income
Land
Notice
Outgoings
Property
Purchase Price
Purchaser
Registration
Settlement
Settlement Date
Settlement Time
Stamp Duty
Title
Transfer
Transfer Documents
Vendor
Warranties
Working Days
Certificate of Title
Chattels
Default
Deposit Bond
Due Diligence
Easement
Force Majeure
Inclusions
Land Tax
Lease
Legal Practitioner
Mortgage
Parties
Real Property
Requisitions
Special Conditions
Strata Title
Term
Title Search
Bank
Business Day
Completion
Completion Date
Contract Date
Deposit
Deposit Holder
Encumbrances
Fixtures
GST
Improvements
Income
Land
Notice
Outgoings
Property
Purchase Price
Purchaser
Registration
Settlement
Settlement Date
Settlement Time
Stamp Duty
Title
Transfer
Transfer Documents
Vendor
Warranties
Working Days
Certificate of Title
Chattels
Default
Deposit Bond
Due Diligence
Easement
Force Majeure
Inclusions
Land Tax
Lease
Legal Practitioner
Mortgage
Parties
Real Property
Requisitions
Special Conditions
Strata Title
Term
Title Search
Clauses
Interpretation
Property Description
Purchase Price
Payment Terms
Deposit
Settlement
Title Transfer
Warranties
Property Inspection
Due Diligence
Conditions Precedent
Finance
Insurance
Risk
Default
Termination
Notices
GST
Stamp Duty
Adjustments
Possession
Encumbrances
Property Inclusions
Property Exclusions
Representations
Compliance
Planning and Zoning
Environmental Matters
Existing Tenancies
Building and Pest
Foreign Investment
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Costs
Time of Essence
Property Description
Purchase Price
Payment Terms
Deposit
Settlement
Title Transfer
Warranties
Property Inspection
Due Diligence
Conditions Precedent
Finance
Insurance
Risk
Default
Termination
Notices
GST
Stamp Duty
Adjustments
Possession
Encumbrances
Property Inclusions
Property Exclusions
Representations
Compliance
Planning and Zoning
Environmental Matters
Existing Tenancies
Building and Pest
Foreign Investment
Governing Law
Dispute Resolution
Force Majeure
Assignment
Severability
Entire Agreement
Variation
Costs
Time of Essence
Relevant Industries
Real Estate
Legal Services
Financial Services
Property Development
Construction
Banking
Insurance
Professional Services
Public Sector
Conveyancing Services
Relevant Teams
Legal
Real Estate
Property Management
Conveyancing
Compliance
Sales
Settlement
Contract Administration
Property Development
Transaction Services
Relevant Roles
Real Estate Agent
Property Lawyer
Conveyancer
Property Manager
Settlement Agent
Mortgage Broker
Property Valuer
Legal Counsel
Compliance Officer
Contract Administrator
Property Developer
Real Estate Sales Manager
Banking Officer
Title Officer
Real Estate Transaction Coordinator
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