Property Transfer Agreement Template for Australia

A legally binding document governed by Australian law that facilitates the transfer of real property ownership from one party (the transferor) to another (the transferee). This agreement complies with state-specific property laws and the Australian Torrens title system, incorporating all essential elements required for a valid property transfer including property details, purchase price, settlement terms, and various warranties. The document addresses state-specific stamp duty requirements, GST implications where applicable, and ensures compliance with both federal and state legislative requirements for property transactions.

Typically:
£1,175
i
This cost is based on prices provided by
6 legal services in your market.
With Genie AI:

£0

i
Generate and export your first
document completely free.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Get template free
Upload to review

Your data doesn't train Genie's AI

You keep IP ownership of your docs

4.6 / 5
4.6 / 5
4.8 / 5

What is a Property Transfer Agreement?

The Property Transfer Agreement is a crucial legal document used in Australian property transactions to formalize and execute the transfer of real property ownership. It is essential for both residential and commercial property transfers across all Australian states and territories, though specific requirements may vary by jurisdiction. This agreement incorporates necessary elements required under Australian property law, including the Torrens title system, and addresses key aspects such as property description, purchase price, settlement terms, adjustments, and statutory compliance. The document is particularly important as it serves as the foundation for the property transfer process, ensuring all legal requirements are met and both parties' interests are protected. It must comply with relevant state-based property legislation, the Conveyancing Act, and other applicable federal laws, particularly when foreign investment is involved.

What sections should be included in a Property Transfer Agreement?

1. Parties: Identification and details of the transferor (seller) and transferee (buyer), including full legal names, addresses, and ACN/ABN if applicable

2. Background: Context of the transfer, including brief property history and reason for transfer

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, payment terms, deposit requirements, and settlement arrangements

6. Settlement: Settlement date, time, and location; conditions for settlement; and requirements for completion

7. Adjustments: Details of adjustments to be made for rates, taxes, and other outgoings

8. Title and Transfer: Warranties regarding title, requirements for transfer documentation, and registration processes

9. Risk and Insurance: Transfer of risk provisions and insurance requirements until settlement

10. Default and Termination: Consequences of default by either party and termination rights

11. Notices: Process and requirements for giving notices under the agreement

12. General Provisions: Standard clauses including governing law, entire agreement, and execution requirements

What sections are optional to include in a Property Transfer Agreement?

1. Foreign Investment: Required when the transferee is a foreign person, detailing FIRB approval requirements and conditions

2. GST: Required when the property transfer has GST implications, detailing GST treatment and obligations

3. Tenancies: Required when the property is subject to existing tenancies, detailing treatment of leases and tenant rights

4. Mortgages and Encumbrances: Required when there are existing mortgages or encumbrances to be discharged

5. Special Conditions: For any unique requirements or conditions specific to the transfer

6. Agent's Commission: Required when a real estate agent is involved, detailing commission arrangements

7. Building and Pest Inspection: When the agreement is subject to satisfactory building and pest inspections

8. Finance Condition: When the agreement is subject to the transferee obtaining finance

What schedules should be included in a Property Transfer Agreement?

1. Schedule 1 - Property Description: Detailed property description including title particulars, boundaries, and included fixtures and fittings

2. Schedule 2 - Purchase Price Breakdown: Detailed breakdown of purchase price, deposit, and payment terms

3. Schedule 3 - Excluded Items: List of items specifically excluded from the transfer

4. Schedule 4 - Disclosure Statement: Required disclosures about the property's condition and known defects

5. Appendix A - Title Search: Current title search showing registered interests and encumbrances

6. Appendix B - Property Certificate: Local authority certificate showing planning and zoning information

7. Appendix C - Plan of Land: Survey plan or registered plan showing property boundaries and dimensions

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

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use

Find the exact document you need

Generic Purchase Agreement For House

An Australian legal agreement documenting the terms and conditions for the sale and purchase of residential property, compliant with Australian property law.

Download

Wholesale Purchase And Sale Agreement

An Australian law-governed agreement establishing terms for wholesale purchase and sale of goods between businesses, including pricing, delivery, and quality requirements.

Download

Wholesale Purchase Contract

An Australian law-governed agreement establishing terms for wholesale purchase of goods between supplier and buyer, including ordering, pricing, delivery, and quality requirements.

Download

Contract For Houses And Residential Land

An Australian legal agreement for the sale and purchase of residential property, outlining terms, conditions, and obligations of both parties under Australian law.

Download

Option To Purchase Real Estate Agreement

An Australian legal agreement granting exclusive rights to purchase specified real estate at predetermined terms within a set timeframe.

Download

Lease To Own Commercial Property Contract

An Australian commercial property agreement combining lease terms with a purchase option, structured under Australian property and commercial law.

Download

Commercial Real Estate Agreement

An Australian law-governed agreement for the sale and purchase of commercial real estate, detailing all transaction terms and party obligations.

Download

Real Estate Offer And Acceptance Contract

An Australian legal document that formalizes the agreement between buyer and seller in a real estate transaction, compliant with Australian property law.

Download

Property Easement Agreement

An Australian legal agreement establishing rights over one property for the benefit of another party, governed by Australian property law and state-specific legislation.

Download

Commercial Rental Lease

An Australian-law governed agreement establishing terms and conditions for commercial property rental between landlord and tenant.

Download

Property Agreement Between Two Parties

An Australian-compliant legal agreement governing the transfer of property ownership between two parties, establishing terms, conditions, and obligations for the transaction.

Download

Commercial Real Estate Contract

An Australian law-governed contract for the sale and purchase of commercial real estate, incorporating essential legal requirements and commercial provisions.

Download

Commercial Property Tenancy Agreement

An Australian legal agreement governing the lease of commercial property between a landlord and tenant, outlining key terms, conditions, and obligations.

Download

Simple Lease Agreement For Rental Property

An Australian-compliant residential lease agreement establishing terms and conditions for property rental, suitable for use across all Australian jurisdictions.

Download

Property Partnership Agreement

An Australian-law governed agreement establishing a partnership structure for joint property ownership and management.

Download

Property Buyout Agreement

An Australian legal agreement documenting property ownership transfer through buyout, detailing purchase terms and conditions in compliance with federal and state property laws.

Download

Private Sale Home Purchase Agreement

An Australian residential property sale agreement between private parties that governs the terms and conditions of a home purchase transaction.

Download

Personal Property Purchase Agreement

An Australian law-governed agreement for the sale and purchase of personal property, detailing transaction terms and ensuring legal compliance.

Download

Non Exclusive Real Estate Contract

An Australian legal agreement between a property owner and real estate agent for non-exclusive property marketing and sales services, compliant with local property laws and regulations.

Download

Lease For Residential Property

An Australian residential property lease agreement establishing terms and conditions for property rental, compliant with state/territory legislation.

Download

Commercial Contract Unimproved Property

Australian commercial contract template for unimproved property transactions, incorporating essential legal requirements and specific provisions for undeveloped land.

Download

Standard Lease Agreement For House Rental

An Australian-compliant residential lease agreement for house rentals, establishing terms between landlord and tenant under relevant state/territory legislation.

Download

Sellers Agreement

An Australian-law compliant agreement governing the sale of goods or services between a seller and buyer, incorporating ACL requirements and key commercial terms.

Download

Standard Commercial Lease

An Australian law-governed commercial lease agreement establishing terms and conditions for commercial property rental between landlord and tenant.

Download

Pre Contract Agreement Property Purchase

An Australian preliminary agreement outlining proposed terms and conditions for a potential property purchase, serving as a framework for the formal contract of sale.

Download

Rental Property Partnership Agreement

An Australian law-governed agreement establishing a partnership for joint rental property ownership and management, defining partner rights, responsibilities, and profit-sharing arrangements.

Download

Commercial Office Space Lease Agreement

An Australian-law governed agreement establishing terms and conditions for commercial office space leasing, detailing rights and obligations of landlord and tenant.

Download

Wholesale Real Estate Purchase Agreement

An Australian law-governed agreement for wholesale commercial real estate transactions between sophisticated parties, addressing property transfer, due diligence, and completion requirements.

Download

Business Property Lease Agreement

An Australian-law governed agreement establishing terms and conditions for commercial property leasing between landlord and business tenant.

Download

Residential Sales Agreement

An Australian legal agreement for the sale and purchase of residential property, outlining terms, conditions, and obligations of both parties under Australian law.

Download

Rent To Own Property Contract

An Australian law-governed agreement establishing a rent-to-own property arrangement, combining rental terms with a future purchase option.

Download

Real Estate Purchase Agreement With Seller Financing

An Australian legal agreement combining property sale terms with seller financing arrangements, compliant with Australian property and consumer credit laws.

Download

Personal Property Agreement

An Australian law-governed agreement establishing rights and obligations regarding personal property, including ownership, transfer, and security interests.

Download

Home Buyers Agreement

An Australian-law governed agreement documenting the terms and conditions for residential property purchase between buyer and seller.

Download

Real Estate Swap Agreement

An Australian law-governed agreement facilitating the exchange of real estate properties between parties, including transfer terms and compliance requirements.

Download

Real Estate Earnest Money Agreement

An Australian legal agreement outlining terms for property purchase commitment and earnest money deposit, governed by Australian property law.

Download

For Sale By Owner Land Contract

An Australian legal agreement for direct land sales between property owners and buyers, without real estate agent involvement.

Download

For Sale By Owner Commission Agreement

An Australian legal agreement establishing commission terms and service provisions for assisted private property sales, complying with national and state-specific real estate regulations.

Download

Assignment Of Land Contract

An Australian legal document that facilitates the transfer of land ownership rights from one party to another, complying with federal and state property laws.

Download

Commercial Property Sale Agreement

An Australian legal agreement governing the sale and purchase of commercial real estate properties, compliant with federal and state property laws.

Download
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it