The Original Sale Deed is a crucial legal instrument in Australian property transactions, used when transferring real property ownership from one party to another. This formal document is required when executing property sales that need the additional security and enforcement provisions that a deed provides over a standard contract. The deed must comply with specific execution requirements under Australian law and typically includes comprehensive details about the property, parties, purchase price, settlement arrangements, and various warranties. An Original Sale Deed is particularly important for high-value transactions, complex property transfers, or when specific formal requirements must be met. The document serves as conclusive evidence of the transfer and provides certain legal advantages over a simple contract, including a longer limitation period for enforcement.
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1. Parties: Full legal names and details of the Vendor and Purchaser, including ACN/ABN for companies
2. Background: Context of the sale, including brief property description and transaction background
3. Definitions and Interpretation: Definitions of key terms and interpretation clauses
4. Sale and Purchase: Core agreement to sell and purchase the property, including purchase price
5. Property Description: Detailed description of the property being sold, including title references
6. Price and Payment Terms: Purchase price, deposit requirements, and payment schedule
7. Settlement: Settlement date, time, location, and requirements
8. Adjustments: Provisions for adjusting rates, taxes, and outgoings
9. Title and Transfer: Obligations regarding title transfer and registration
10. Vendor Warranties: Standard warranties about the property and vendor's capacity
11. Purchaser Warranties: Standard warranties about purchaser's capacity and financial ability
12. Default and Termination: Consequences of default and termination rights
13. Notices: Requirements for giving notices under the deed
14. General Provisions: Standard boilerplate provisions including governing law
15. Execution: Formal execution blocks complying with deed requirements
1. GST Provisions: Detailed GST treatment where the transaction is subject to GST
2. Foreign Investment: Additional provisions when purchaser is a foreign person/entity
3. Existing Tenancies: Provisions dealing with existing tenants when property is sold subject to tenancies
4. Development Conditions: Special conditions relating to property development potential or restrictions
5. Environmental Matters: Specific provisions dealing with environmental issues or contamination
6. Water Rights: Provisions regarding water rights for rural properties
7. Livestock/Crops: Provisions for sale of livestock or crops with rural properties
8. Finance Condition: Conditions relating to purchaser obtaining finance
9. Due Diligence: Provisions allowing purchaser to conduct investigations
1. Property Schedule: Detailed property description, title references, and encumbrances
2. Inclusions Schedule: List of chattels and fixtures included in the sale
3. Exclusions Schedule: Items specifically excluded from the sale
4. Special Conditions: Any special conditions applying to the sale
5. Disclosure Statement: Statutory disclosures required by state legislation
6. Transfer Documents: Forms required for title transfer
7. Existing Tenancy Details: Details of any existing leases or tenancy agreements
8. Outstanding Notices: Copies of any outstanding notices affecting the property
9. Certificate of Title: Copy of the current title certificate
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