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Memorandum Of Contract Of Sale Template for Australia

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Key Requirements PROMPT example:

Memorandum Of Contract Of Sale

"I need a Memorandum of Contract of Sale for a commercial warehouse property in Melbourne with existing tenants, including special conditions for the transfer of lease agreements and a settlement date of March 15, 2025."

Document background
The Memorandum of Contract of Sale is a fundamental document in Australian property transactions, used whenever real property is bought or sold. This document is essential for both residential and commercial property transactions across all Australian states and territories, though specific requirements may vary by jurisdiction. It contains crucial information including property details, price, settlement terms, conditions of sale, and statutory disclosures. The document must comply with relevant state-specific property legislation and the general principles of contract law. It serves as the primary evidence of the agreement between parties and forms the basis for the property transfer process. The Memorandum of Contract of Sale is typically prepared after initial negotiations and requires careful review by legal professionals to ensure all required elements are properly addressed and both parties' interests are protected.
Suggested Sections

1. Parties: Full legal names and details of the vendor and purchaser

2. Background: Context of the sale and brief property description

3. Definitions: Definitions of key terms used throughout the contract

4. Property Details: Comprehensive description of the property including title details, lot number, plan, and address

5. Purchase Price: Agreed purchase price and payment structure including deposit details

6. Settlement: Settlement date, time, and location details

7. Adjustments: Details of adjustments for rates, taxes, and other outgoings

8. Title and Transfer: Conditions regarding transfer of title and required documentation

9. Vendor Warranties: Standard warranties provided by the vendor regarding the property

10. Default: Consequences and remedies in case of default by either party

11. Execution: Formal execution block for all parties

Optional Sections

1. Special Conditions: Additional conditions specific to this sale, used when standard conditions need modification

2. Chattels: List of included/excluded moveable items, used when specific items need to be addressed

3. Finance Condition: Details of finance requirements, used when purchase is subject to finance

4. Building and Pest Inspection: Conditions relating to inspections, used when sale is subject to satisfactory inspections

5. Tenancy Details: Information about existing tenancies, used when property is sold with tenants

6. GST Provisions: GST-specific terms, used when transaction is subject to GST

7. Foreign Investment Approval: FIRB approval requirements, used when purchaser is a foreign buyer

8. Development Conditions: Specific conditions related to property development, used for development sites

Suggested Schedules

1. Property Schedule: Detailed description of land, improvements, and title particulars

2. Inclusions Schedule: Comprehensive list of fixtures and fittings included in the sale

3. Exclusions Schedule: Items specifically excluded from the sale

4. Disclosure Statement: Statutory disclosures required by state legislation

5. Special Conditions Schedule: Detailed special conditions applicable to the sale

6. Tenancy Schedule: Details of existing tenancies including lease terms and rents

7. Outstanding Notices Schedule: List of any outstanding notices affecting the property

8. Certificate of Title: Copy of the current title certificate

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




































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Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Agriculture (for rural properties)

Retail

Industrial

Hospitality

Banking and Finance

Legal Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Finance

Operations

Risk Management

Acquisitions

Development

Sales

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Property Manager

Legal Counsel

Contract Administrator

Property Developer

Settlement Agent

Compliance Officer

Real Estate Transaction Coordinator

Property Acquisition Manager

Real Estate Portfolio Manager

Title Officer

Development Manager

Property Valuer

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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