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1. Parties: Identification of all parties to the contract including the vendor (current mortgagee), purchaser, and any relevant financial institutions
2. Background: Context of the mortgage sale, including reference to the existing mortgage, property details, and reason for sale
3. Definitions: Definitions of key terms used throughout the contract, including financial, property, and legal terminology
4. Sale and Purchase Agreement: Core terms of the sale including purchase price, deposit requirements, and payment terms
5. Property Details: Comprehensive description of the property, including legal description, title references, and any encumbrances
6. Settlement Conditions: Conditions precedent to settlement, settlement process, and timing requirements
7. Due Diligence: Requirements for property inspection, title search, and other investigations
8. Warranties and Representations: Warranties given by both parties regarding their capacity, authority, and property condition
9. Default and Remedies: Consequences of default and available remedies for both parties
10. Risk and Insurance: Allocation of risk and insurance requirements until settlement
11. Notices: Process for giving notices under the contract
12. General Provisions: Standard contract clauses including governing law, entire agreement, and assignment rights
1. Tenant Provisions: Required when the property is sold subject to existing tenancies, detailing tenant rights and obligations
2. GST Provisions: Required when the transaction is subject to GST, detailing GST treatment and obligations
3. Guarantee: Required when a third party guarantees the purchaser's obligations
4. Vendor Finance: Required when the vendor provides financing for part of the purchase price
5. Body Corporate: Required for unit title properties, detailing body corporate rules and obligations
6. Development Conditions: Required when the property is subject to ongoing development or subdivision
7. Environmental Matters: Required when there are known environmental issues or concerns
1. Property Schedule: Detailed property description, including certificates of title, easements, and encumbrances
2. Payment Schedule: Detailed breakdown of the purchase price, deposit, and payment terms
3. Settlement Statement: Itemized statement of adjustments and payments required at settlement
4. Existing Mortgage Details: Details of the mortgage being sold, including principal sum, interest rate, and terms
5. Due Diligence Checklist: List of required due diligence items and completion status
6. Property Inspection Report: Results of property inspections and identified issues
7. Disclosure Schedule: Required disclosures about the property's condition and known issues
Assignment Date
Business Day
Completion
Completion Date
Contract Rate
Default Interest Rate
Deposit
Effective Date
Encumbrance
Existing Mortgage
Existing Security
GST
Guarantor
Land
Liability
Loan Agreement
Mortgage
Mortgaged Property
Mortgagor
Outstanding Amount
Parties
Payment Date
Permitted Security Interest
Property
Purchase Price
Purchaser
Register
Registrar
Related Documents
Relevant Authority
Security Interest
Settlement
Settlement Date
Title Documents
Transfer
Transferee
Transferor
Vendor
Warranty
Property Description
Purchase Price
Payment Terms
Settlement
Title Transfer
Representations and Warranties
Due Diligence
Conditions Precedent
Risk and Insurance
Default and Remedies
Assignment
Notices
Costs and Expenses
GST
Confidentiality
Force Majeure
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendments
Time of Essence
Further Assurance
Counterparts
Electronic Execution
Survival
Third Party Rights
Indemnification
Compliance with Laws
Property Access
Title Registration
Mortgage Assignment
Security Interest
Mortgagor Rights
Insurance Assignment
Property Maintenance
Environmental Compliance
Anti-Money Laundering
Financial Services
Real Estate
Banking
Legal Services
Property Development
Property Investment
Mortgage Lending
Property Management
Legal
Property Services
Mortgage Services
Credit Administration
Risk Management
Compliance
Real Estate Services
Settlement Administration
Portfolio Management
Commercial Banking
Investment Management
Legal Counsel
Property Lawyer
Mortgage Broker
Real Estate Agent
Banking Manager
Credit Manager
Property Manager
Financial Analyst
Compliance Officer
Risk Manager
Portfolio Manager
Settlement Officer
Conveyancing Lawyer
Commercial Banking Officer
Investment Manager
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