The Mobile Home Purchase Agreement is a crucial legal document used in Australian residential property transactions involving manufactured or relocatable homes. It is designed to protect both buyers' and sellers' interests while ensuring compliance with Australian consumer protection laws, residential park regulations, and state-specific legislation. This agreement is particularly important as mobile home transactions often involve unique considerations not present in traditional real estate deals, such as site leases, park rules, and relocation requirements. The document should be used whenever a mobile home is being bought or sold, whether it's situated in a residential park or on private property. It includes essential information about the property, price, payment terms, warranties, and any special conditions such as site agreements or relocation requirements. The agreement must comply with relevant state and federal legislation, including the Australian Consumer Law and state-specific residential park regulations.
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1. Parties: Identifies and provides full details of the buyer and seller, including legal names, addresses, and contact information
2. Background: Outlines the context of the agreement, including the seller's ownership of the mobile home and their right to sell
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Sale and Purchase: Details the agreement to sell and purchase the mobile home, including the purchase price and payment terms
5. Property Description: Provides detailed description of the mobile home, including make, model, year, serial numbers, and included fixtures and fittings
6. Settlement: Specifies the settlement date, process, and requirements for completion of the purchase
7. Title and Risk: Addresses when title passes to the buyer and who bears risk at different stages of the transaction
8. Seller's Warranties: Lists the seller's warranties regarding the condition, ownership, and compliance of the mobile home
9. Buyer's Acknowledgments: Contains the buyer's confirmations and acknowledgments regarding the purchase
10. Condition of Property: Details the condition in which the mobile home will be delivered and any agreed repairs or modifications
11. Default and Termination: Outlines what constitutes default and the consequences of breach by either party
12. Notices: Specifies how formal notices under the agreement must be given
13. General Provisions: Contains standard legal provisions including governing law, entire agreement, and variation requirements
1. Site Agreement: Required when the mobile home will remain in a residential park and includes terms of site lease or transfer
2. Finance Conditions: Include when the purchase is subject to the buyer obtaining finance
3. Inspection Conditions: Include when the purchase is subject to satisfactory building and pest inspections
4. Relocation Terms: Required when the mobile home needs to be relocated as part of the purchase
5. Park Rules Compliance: Include when the mobile home is located in a residential park with specific rules and requirements
6. Insurance Requirements: Include specific insurance requirements during transition of ownership or for ongoing park residency
7. Utilities and Connections: Include when specific arrangements are needed for utility connections or transfers
1. Schedule 1 - Property Details: Detailed specifications of the mobile home including dimensions, features, and included items
2. Schedule 2 - Purchase Price Breakdown: Itemized breakdown of the purchase price, including any deposits and payment schedules
3. Schedule 3 - Site Details: Details of the site location, dimensions, and any specific site requirements or restrictions
4. Schedule 4 - Condition Report: Detailed report on the current condition of the mobile home, including photographs
5. Schedule 5 - Excluded Items: List of items specifically excluded from the sale
6. Appendix A - Site Rules: Copy of the residential park rules and regulations, if applicable
7. Appendix B - Compliance Certificates: Copies of relevant compliance certificates and maintenance records
Relevant legal definitions
Agreement
Annexure
Business Day
Buyer
Chattels
Completion Date
Contract Date
Deposit
Encumbrance
Fixtures and Fittings
GST
Home
Improvements
Land Lease Community
Mobile Home
Notice
Park Rules
Park Owner
Payment Terms
Purchase Price
Registration
Residential Site
Schedule
Security Interest
Seller
Settlement
Settlement Date
Site Agreement
Site Fees
Site Location
Special Conditions
Title Documents
Transfer Documents
Utilities
Warranties
Annexure
Business Day
Buyer
Chattels
Completion Date
Contract Date
Deposit
Encumbrance
Fixtures and Fittings
GST
Home
Improvements
Land Lease Community
Mobile Home
Notice
Park Rules
Park Owner
Payment Terms
Purchase Price
Registration
Residential Site
Schedule
Security Interest
Seller
Settlement
Settlement Date
Site Agreement
Site Fees
Site Location
Special Conditions
Title Documents
Transfer Documents
Utilities
Warranties
Clauses
Purchase and Sale
Price and Payment
Property Description
Title Transfer
Site Arrangements
Warranties and Representations
Condition and Inspection
Settlement
Default and Termination
Risk and Insurance
Repairs and Maintenance
Compliance and Regulations
Park Rules and Requirements
Utilities and Services
Relocation
Registration
Deposits and Security
Encumbrances
Assignment and Transfer
Dispute Resolution
Force Majeure
Notices
Governing Law
Severability
Entire Agreement
Variation
Costs and Duties
GST
Confidentiality
Further Assurance
Price and Payment
Property Description
Title Transfer
Site Arrangements
Warranties and Representations
Condition and Inspection
Settlement
Default and Termination
Risk and Insurance
Repairs and Maintenance
Compliance and Regulations
Park Rules and Requirements
Utilities and Services
Relocation
Registration
Deposits and Security
Encumbrances
Assignment and Transfer
Dispute Resolution
Force Majeure
Notices
Governing Law
Severability
Entire Agreement
Variation
Costs and Duties
GST
Confidentiality
Further Assurance
Relevant Industries
Real Estate
Housing and Construction
Residential Property
Manufacturing (Mobile Homes)
Legal Services
Financial Services
Property Management
Retirement Living
Relevant Teams
Legal
Real Estate Sales
Property Management
Compliance
Operations
Conveyancing
Contract Administration
Settlement
Customer Service
Risk Management
Relevant Roles
Real Estate Agent
Property Manager
Conveyancing Manager
Legal Counsel
Contract Administrator
Sales Manager
Compliance Officer
Settlement Officer
Park Manager
Housing Operations Manager
Site Supervisor
Property Consultant
Mobile Home Sales Specialist
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