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As Is Where Is Deed Of Sale Template for Australia

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Key Requirements PROMPT example:

As Is Where Is Deed Of Sale

"I need an As Is Where Is Deed of Sale for a commercial warehouse property in Sydney, with completion set for March 15, 2025, and specific provisions for included industrial equipment and a 14-day due diligence period."

Document background
The As Is Where Is Deed of Sale is a specialized legal document used in Australian property transactions where the seller wishes to transfer property with minimal ongoing liability for its condition. This document is particularly useful in situations involving distressed sales, auction sales, properties requiring renovation, or where the seller has limited knowledge of the property's condition. The deed explicitly documents that the buyer has inspected the property and accepts it in its current state, with all existing defects and issues. It includes detailed provisions limiting the seller's warranties to basic matters such as title, while requiring the buyer to rely on their own investigations and due diligence. This type of deed is common in commercial property transactions and requires careful drafting to ensure compliance with Australian consumer protection laws while maintaining the 'as is' nature of the sale.
Suggested Sections

1. Parties: Identifies and defines all parties to the deed, including full legal names and addresses

2. Background: Contextual information about the sale, including the seller's ownership and intention to sell 'as is where is'

3. Definitions: Defines key terms used throughout the deed, including 'Property', 'Completion Date', 'Purchase Price', etc.

4. Sale and Purchase: Core agreement to sell and purchase the property in its current condition

5. 'As Is Where Is' Provisions: Explicit statements regarding the 'as is' nature of the sale and buyer's acceptance of current condition

6. Purchase Price: Details of the purchase price, payment terms, and method of payment

7. Completion: Requirements and procedures for completing the sale, including timing and location

8. Risk and Insurance: Transfer of risk provisions and insurance requirements until completion

9. Buyer Acknowledgments: Buyer's specific acknowledgments regarding property inspection and acceptance of condition

10. Seller's Limited Warranties: Any limited warranties provided by the seller, typically only regarding title

11. Default: Consequences of default by either party

12. Notices: Process for giving notices under the deed

13. General Provisions: Standard boilerplate provisions including governing law, entire agreement, etc.

14. Execution: Formal execution blocks for all parties

Optional Sections

1. Deposit: Include when a deposit is required, specifying amount and handling

2. Conditions Precedent: Include if there are specific conditions that must be met before completion

3. Due Diligence: Include if a due diligence period is allowed despite 'as is' nature

4. Existing Tenancies: Include if property is sold subject to existing tenancies

5. GST Provisions: Include detailed GST provisions if applicable to the sale

6. Property Access: Include if specific access arrangements are needed before completion

7. Chattels: Include if specific chattels are included in the sale

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property including legal description and boundaries

2. Schedule 2 - Purchase Price Breakdown: Itemized breakdown of the purchase price if multiple components

3. Schedule 3 - Known Defects: List of known defects or issues with the property

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

5. Schedule 5 - Included Chattels: List of chattels included in the sale if any

6. Appendix A - Property Photographs: Photographs documenting current condition of the property

7. Appendix B - Inspection Reports: Any existing inspection reports provided for information only

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

Property Development

Construction

Banking and Finance

Legal Services

Asset Management

Property Investment

Facilities Management

Industrial

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Risk and Compliance

Investment

Operations

Finance

Due Diligence

Commercial

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Asset Manager

Facilities Manager

Property Developer

Investment Manager

Legal Counsel

Conveyancer

Commercial Director

Property Portfolio Manager

Risk Manager

Compliance Officer

Due Diligence 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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