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Deed Of Variation On Property
"I need a Deed of Variation on Property to modify the settlement date of our existing property purchase agreement from March 15, 2025, to May 30, 2025, due to financing delays, and include the bank's consent as mortgagee."
1. Parties: Identifies all parties to the deed, including their full legal names, addresses, and any registration numbers for companies
2. Background/Recitals: Sets out the context of the variation, including details of the original agreement and the reason for variation
3. Definitions and Interpretation: Defines key terms used in the deed and establishes interpretation principles
4. Original Agreement: Identifies and describes the agreement being varied, including its date and parties
5. Variation Details: Clearly specifies all variations being made to the original agreement, with precise reference to affected clauses or terms
6. Effective Date: Specifies when the variations take effect
7. Confirmation: Confirms that all other terms of the original agreement remain unchanged
8. Costs and Stamp Duty: Addresses responsibility for costs and any stamp duty arising from the variation
9. Governing Law: Specifies the governing law and jurisdiction for the deed
10. Execution: Formal execution block for all parties to sign, including witness requirements
1. Consent of Third Parties: Required when the variation affects rights of third parties such as mortgagees or guarantors
2. GST: Include when the variation has GST implications
3. Registration: Required when the variation needs to be registered with land titles office or other authorities
4. Mortgagee Consent: Include when property is mortgaged and bank consent is required
5. Further Assurance: Optional clause requiring parties to do all things necessary to give effect to the variation
6. Notices: Include if ongoing notices are required or if notice details are being updated
7. Severability: Optional clause addressing the severance of invalid provisions
1. Schedule 1 - Original Agreement: Copy or extract of the original agreement being varied
2. Schedule 2 - Property Details: Full legal description of the property, including title references
3. Schedule 3 - Variation Terms: Detailed description of all variations, particularly useful for complex changes
4. Schedule 4 - Consent Forms: Forms of consent from third parties (if required)
5. Appendix A - Title Search: Current title search showing ownership and encumbrances
6. Appendix B - Plans: Any relevant plans or drawings if the variation relates to physical aspects of the property
Authors
Real Estate
Property Development
Banking and Finance
Legal Services
Construction
Property Management
Commercial Property
Residential Property
Urban Planning
Property Investment
Legal
Property Management
Real Estate Operations
Compliance
Risk Management
Contracts Administration
Settlement
Conveyancing
Property Development
Asset Management
Property Lawyer
Conveyancer
Real Estate Agent
Property Manager
Legal Counsel
Contract Administrator
Settlement Agent
Title Officer
Property Development Manager
Compliance Officer
Real Estate Transaction Manager
Property Portfolio Manager
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