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As Is Purchase Agreement For Home Template for Australia

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Key Requirements PROMPT example:

As Is Purchase Agreement For Home

"I need an As Is Purchase Agreement For Home for a heritage-listed property in Sydney, Australia, being sold with existing tenants in place, with settlement scheduled for March 15, 2025."

Document background
The As Is Purchase Agreement For Home is a specialized real estate contract used in Australian property transactions where the seller wishes to transfer property ownership without providing warranties about the property's condition. This document is particularly relevant when selling properties that may need renovation, have known defects, or where the seller wants to limit their post-sale liability. It includes standard elements of Australian property contracts while incorporating specific clauses that clearly establish the 'as is' nature of the sale. The agreement must still comply with mandatory disclosure requirements under Australian state legislation and cannot contract out of statutory warranties. It's commonly used for older properties, deceased estates, or properties where the seller has limited knowledge of the property's condition. The document typically includes property details, purchase price, settlement terms, and comprehensive buyer acknowledgments regarding the property's condition.
Suggested Sections

1. Parties: Identifies and provides full details of the buyer and seller, including legal names, addresses, and contact information

2. Background: Establishes the context of the sale, including that the seller owns the property and wishes to sell it 'as is', and the buyer wishes to purchase under these conditions

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'As Is Condition', 'Settlement Date', and other relevant terms

4. Property Details: Full legal description of the property, including lot number, plan number, title reference, and street address

5. Purchase Price: Specifies the agreed purchase price and payment terms, including deposit requirements

6. As Is Condition: Explicitly states that the property is being sold in its current condition, with all faults and defects, whether visible or not

7. Buyer Acknowledgments: Buyer's confirmation of property inspection, understanding of 'as is' nature, and acceptance of current condition

8. Settlement: Details of the settlement process, timing, and requirements for both parties

9. Risk and Insurance: Specifies when risk transfers to the buyer and insurance requirements

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

11. Notices: How and where notices must be served between parties

12. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments

Optional Sections

1. Special Conditions: Additional conditions specific to the property or transaction, used when there are unique circumstances requiring special attention

2. Pest and Building Reports: Section addressing existing pest and building reports, used when such reports are available but sold on an 'as is' basis

3. Tenancy: Details of existing tenancy arrangements, used when the property is sold with tenants in possession

4. Swimming Pool Compliance: Specific provisions regarding swimming pool certification, used when the property includes a swimming pool

5. Foreign Investment: Additional provisions required when the buyer is a foreign person under FIRB regulations

6. GST Provisions: Detailed GST treatment, used when the transaction may have GST implications

7. Heritage Considerations: Special provisions related to heritage listings or restrictions, used for heritage-affected properties

Suggested Schedules

1. Schedule 1 - Property Inventory: Detailed list of any inclusions and exclusions in the sale

2. Schedule 2 - Known Defects: List of known defects or issues with the property, even though sold 'as is'

3. Schedule 3 - Title Documents: Copies of certificate of title and other relevant title documents

4. Schedule 4 - Disclosure Statement: Statutory disclosures required by state law, even in 'as is' sales

5. Appendix A - Property Plans: Floor plans, site plans, and survey documents

6. Appendix B - Photographs: Current dated photographs of the property condition

7. Appendix C - Building Certificates: Copies of any existing building certificates or permits

8. Appendix D - Service Contracts: Details of any ongoing service contracts that may affect the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions





































Clauses






























Relevant Industries

Real Estate

Legal Services

Financial Services

Property Development

Construction

Banking

Insurance

Property Management

Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Contract Administration

Risk Management

Compliance

Property Development

Sales

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancer

Legal Counsel

Property Manager

Contract Administrator

Real Estate Broker

Settlement Agent

Property Developer

Mortgage Broker

Building Inspector

Real Estate Partner

Property Paralegal

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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