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Deed Of Sale With Right To Repurchase

Deed Of Sale With Right To Repurchase Template for Australia

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Key Requirements PROMPT example:

Deed Of Sale With Right To Repurchase

"I need a Deed of Sale with Right to Repurchase for my commercial warehouse in Sydney, where I want to sell the property but retain the right to buy it back within 18 months, with the repurchase price set at the original sale price plus 10%."

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Document background
The Deed of Sale with Right to Repurchase is primarily used in situations where a property owner needs to sell their property but wants to retain the option to reacquire it in the future. This arrangement is particularly valuable in various scenarios, including financial restructuring, strategic property management, or temporary cash flow requirements. The document must comply with Australian property law and relevant state legislation, typically including provisions for the initial sale price, repurchase terms, timeframes, and conditions for exercising the repurchase right. This type of deed requires careful drafting to ensure both parties' interests are protected and all legal requirements are met, particularly regarding property transfer regulations and option rights under Australian law.
Suggested Sections

1. Parties: Identifies and defines the Vendor/Seller and Purchaser, including full legal names and addresses

2. Background: Outlines the context of the sale and repurchase arrangement, including property ownership status and parties' intentions

3. Definitions and Interpretation: Defines key terms used throughout the deed and establishes rules for interpretation

4. Sale of Property: Details the initial sale transaction, including property description and purchase price

5. Right of Repurchase: Specifies the terms of the repurchase right, including duration and conditions for exercise

6. Repurchase Price: States the agreed repurchase price or method of calculation

7. Exercise of Repurchase Right: Outlines the process and requirements for exercising the repurchase right

8. Settlement and Transfer: Details the settlement process for both initial sale and potential repurchase

9. Property Maintenance and Insurance: Specifies responsibilities for property maintenance and insurance during the repurchase period

10. Default and Remedies: Addresses consequences of default by either party

11. Notices: Specifies how formal notices must be given between parties

12. Execution: Formal execution clauses and signing requirements

Optional Sections

1. Third Party Rights: Required when there are mortgagees or other parties with interests in the property

2. Special Conditions: Used when there are unique circumstances or additional requirements specific to the transaction

3. Property Management: Included when specific arrangements for property management during the repurchase period are needed

4. Tax Implications: Required when specific tax arrangements or considerations need to be addressed

5. Assignment Rights: Included when either party may need to assign their rights under the deed

6. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard legal remedies

7. Subdivision Rights: Required when the property may be subdivided during the repurchase period

Suggested Schedules

1. Property Description Schedule: Detailed legal description of the property including title details and any inclusions/exclusions

2. Initial Purchase Price Breakdown: Itemized breakdown of the purchase price including any adjustments

3. Repurchase Price Calculation: Formula or detailed breakdown of how the repurchase price is calculated

4. Condition Report: Detailed report on the condition of the property at the time of initial sale

5. Required Notices and Forms: Templates for notices required for exercising the repurchase right

6. Existing Encumbrances: List of any existing encumbrances, easements, or restrictions on the property

7. Special Conditions Appendix: Any special conditions or requirements specific to the transaction

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions














































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Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Agriculture

Mining

Retail

Industrial

Hospitality

Investment Banking

Asset Management

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Operations

Finance

Risk and Compliance

Investment

Commercial

Business Development

Relevant Roles

Property Lawyer

Real Estate Manager

Property Development Manager

Asset Manager

Legal Counsel

Conveyancer

Commercial Director

Investment Manager

Real Estate Agent

Property Portfolio Manager

Risk Manager

Compliance Officer

Financial Controller

Chief Financial Officer

Operations 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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