Offer To Sell for Australia

Offer To Sell Template for Australia

This document serves as a formal template for making an offer to sell goods, services, or assets in compliance with Australian law. It incorporates essential elements required under the Australian Consumer Law and relevant state legislation, including clear identification of parties, detailed description of the subject matter, pricing terms, and conditions of sale. The template is structured to ensure enforceability while providing flexibility to accommodate various types of transactions, from simple goods to complex asset sales. It includes provisions for GST compliance and incorporates necessary consumer protections and warranties as required under Australian legislation.

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What is a Offer To Sell?

The Offer to Sell Template is designed for use in Australian business transactions where a formal written offer to sell needs to be presented to a potential buyer. This document type is particularly valuable when clarity and legal certainty are required in commercial transactions, whether for the sale of goods, services, or assets. The template incorporates key requirements under Australian law, including provisions from the Competition and Consumer Act 2010, relevant state Sale of Goods Acts, and GST legislation. It is structured to protect the seller's interests while ensuring transparency and compliance with Australian consumer protection laws. The template can be customized for various transaction types, from straightforward product sales to complex asset transfers, and includes optional sections for specific circumstances such as due diligence requirements or regulatory approvals.

What sections should be included in a Offer To Sell?

1. Parties: Identification and details of the Seller and potential Buyer, including ABN/ACN if applicable

2. Background: Context of the offer and brief description of the subject matter being offered for sale

3. Definitions: Key terms used throughout the document defined for clarity and legal certainty

4. Property Description: Detailed description of the goods or property being offered for sale, including specifications, condition, and any known defects

5. Purchase Price: Clear statement of the offered price, including any GST implications and payment terms

6. Offer Period: Duration for which the offer remains valid and method of acceptance

7. Terms of Sale: Essential conditions of the sale including delivery, transfer of title, and risk

8. Warranties: Seller's warranties regarding the goods or property, including title and condition

9. GST Provisions: Treatment of GST in the transaction and responsibilities of parties

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Offer To Sell?

1. Due Diligence: Terms for buyer's inspection and investigation rights, used when selling complex assets or businesses

2. Finance Conditions: Include when the offer is subject to buyer obtaining finance

3. Intellectual Property: Required when the sale includes IP rights or licenses

4. Employee Matters: Relevant when selling a business with employees

5. Regulatory Compliance: Include when the sale requires specific regulatory approvals or compliance

6. Environmental Matters: Important for property or business sales with environmental considerations

7. Confidentiality: Include when sensitive information is shared during the sale process

8. Break Fee: Optional clause for significant transactions where compensation is required if the buyer withdraws

What schedules should be included in a Offer To Sell?

1. Schedule 1 - Asset Description: Detailed inventory and specifications of assets being offered

2. Schedule 2 - Price Breakdown: Itemized listing of prices if multiple items or components are involved

3. Schedule 3 - Special Conditions: Any specific conditions or requirements particular to the sale

4. Schedule 4 - Excluded Items: List of items specifically excluded from the sale

5. Appendix A - Due Diligence Requirements: Detailed requirements and procedures for due diligence if applicable

6. Appendix B - Required Documents: List of documents to be provided upon acceptance of the offer

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

Sales Contract

Sector

Cost

Free to use
Relevant legal definitions
Relevant Industries

Retail

Manufacturing

Real Estate

Professional Services

Technology

Construction

Mining

Agriculture

Automotive

Healthcare

Education

Hospitality

Transport and Logistics

Financial Services

Telecommunications

Relevant Teams

Legal

Sales

Commercial

Business Development

Operations

Procurement

Finance

Compliance

Property Management

Asset Management

Risk Management

Relevant Roles

Sales Manager

Business Development Manager

Commercial Director

Legal Counsel

Contract Administrator

Procurement Manager

Operations Manager

Company Director

Chief Executive Officer

Chief Financial Officer

Sales Representative

Business Owner

Property Manager

Asset Manager

Commercial 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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