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Home Equity Agreement Template for Australia

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Key Requirements PROMPT example:

Home Equity Agreement

"I need a Home Equity Agreement for a residential property in Sydney, with a 40% equity share investment and early exit options after 3 years, including specific provisions for property renovations during the term."

Document background
Home Equity Agreements (HEAs) have emerged as an alternative financing solution in the Australian market, allowing property owners to access their home equity without taking on additional debt. This document is essential when structuring arrangements where investors provide upfront capital in exchange for a share of future property appreciation. It is designed to comply with Australian financial services regulations, including the National Consumer Credit Protection Act and ASIC requirements. The agreement covers crucial elements such as property valuation methodology, equity sharing calculations, owner obligations, investor rights, and exit provisions. It is particularly relevant in scenarios where traditional lending products may not be suitable or available to property owners, while providing investors with exposure to residential property appreciation.
Suggested Sections

1. Parties: Identification of the property owner and the investment company

2. Background: Context of the agreement, including property details and purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including financial and property-related definitions

4. Investment Structure: Details of the equity share being purchased and consideration paid

5. Property Valuation: Initial valuation and methodology for future valuations

6. Term and Maturity: Duration of the agreement and maturity conditions

7. Payment Provisions: Terms for any ongoing payments and final settlement

8. Property Owner Obligations: Maintenance, insurance, tax obligations, and permitted use of the property

9. Investor Rights: Rights of the investing party, including property access and information rights

10. Default and Remedies: Events of default and corresponding remedies

11. Exit Mechanisms: Processes for early termination, sale, or refinancing

12. Representations and Warranties: Standard declarations by both parties

13. General Provisions: Standard legal provisions including notices, amendments, and governing law

Optional Sections

1. Renovation Provisions: Required when property improvements are planned or permitted during the term

2. Rental Provisions: Required when property rental is permitted during the term

3. Multiple Owner Provisions: Required when the property has multiple owners

4. Mortgage Requirements: Required when there is an existing or permitted future mortgage

5. Special Purpose Property Provisions: Required for properties with unique characteristics or restrictions

6. Cross-Collateralization: Required when multiple properties are involved in the agreement

Suggested Schedules

1. Property Details: Legal description and details of the subject property

2. Investment Terms: Detailed financial terms including equity percentage and consideration

3. Calculation Methodology: Detailed formulas for calculating settlement amounts and adjustments

4. Permitted Encumbrances: List of approved existing or future property encumbrances

5. Required Insurance: Specific insurance requirements and minimum coverage

6. Valuation Methodology: Detailed process for conducting property valuations

7. Form of Notices: Templates for required notices under the agreement

8. Disclosure Statement: Required statutory disclosures under Australian law

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

Financial Services

Real Estate

Investment Management

Property Development

Mortgage Lending

Alternative Finance

Wealth Management

Relevant Teams

Legal

Compliance

Risk Management

Investment

Operations

Product Development

Business Development

Valuations

Portfolio Management

Customer Relations

Relevant Roles

Legal Counsel

Contract Manager

Investment Manager

Property Portfolio Manager

Risk Manager

Compliance Officer

Financial Analyst

Product Manager

Underwriter

Business Development Manager

Operations Manager

Valuation Specialist

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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