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Sub Sale Agreement Template for Australia

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Key Requirements PROMPT example:

Sub Sale Agreement

"I need a Sub Sale Agreement for a commercial property in Sydney, where my company is the intermediate purchaser selling to a foreign investor, with completion scheduled for March 2025 and FIRB approval will be required."

Document background
The Sub Sale Agreement is a crucial document in Australian property transactions involving multiple parties in a chain of sales. It is typically used when an intermediate purchaser has entered into a contract to purchase a property but wishes to on-sell their interest before settlement occurs. The agreement ensures coordinated settlement of both transactions, manages the flow of funds, and addresses potential risks and compliance requirements. It must comply with Australian property law, including state-specific requirements, and typically includes provisions for deposit handling, settlement procedures, warranties, and risk allocation. The document is particularly important in property development and investment contexts where timing and coordination of multiple transactions is critical.
Suggested Sections

1. Parties: Identifies and defines all parties involved - original vendor, intermediate purchaser/seller, and end purchaser

2. Background: Outlines the context of the transaction, including the original contract of sale and the subsequent sale arrangement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles for the agreement

4. Sale and Purchase: Core transaction terms including property description and purchase price

5. Deposit: Details of deposit amount, payment terms, and holding arrangements

6. Payment Terms: Structure and timing of purchase price payment

7. Completion: Requirements and procedures for settlement of both transactions

8. Title and Transfer: Provisions regarding transfer of title and associated requirements

9. Warranties: Standard warranties from all parties regarding capacity, authority, and property condition

10. Risk and Insurance: Allocation of risk and insurance requirements until completion

11. Default and Termination: Consequences of default and termination rights

12. GST: GST treatment and obligations of the transaction

13. Notices: Communication requirements and contact details

14. General Provisions: Standard boilerplate clauses including governing law and jurisdiction

Optional Sections

1. Foreign Investment Approval: Required when the end purchaser is a foreign person requiring FIRB approval

2. Development Conditions: Included when the property has development potential or pending approvals

3. Environmental Matters: Required for properties with environmental concerns or contamination issues

4. Tenancy Provisions: Included when the property is sold subject to existing tenancies

5. Special Conditions: Any unique requirements specific to the property or transaction

6. Nomination Rights: Provisions allowing nomination of alternative purchaser

7. Due Diligence: When there's a due diligence period before final commitment

8. Finance Conditions: Where completion is subject to financing arrangements

Suggested Schedules

1. Property Details: Detailed description of the property including title particulars

2. Original Contract: Copy or key terms of the original contract of sale

3. Purchase Price Calculations: Breakdown of purchase price components and adjustments

4. Form of Transfer: Required transfer documentation

5. Disclosure Documents: Statutory and other required disclosure materials

6. Settlement Requirements: Checklist of documentation required for settlement

7. Existing Encumbrances: Details of any existing mortgages, easements, or other encumbrances

8. Property Certificates: Relevant property certificates and searches

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

Legal Services

Financial Services

Construction

Property Investment

Banking

Property Management

Urban Development

Relevant Teams

Legal

Real Estate

Property Development

Conveyancing

Compliance

Risk Management

Property Investment

Operations

Settlement

Transaction Management

Relevant Roles

Property Lawyer

Real Estate Agent

Property Developer

Conveyancing Manager

Legal Counsel

Property Investment Manager

Settlement Officer

Compliance Officer

Real Estate Transaction Manager

Property Portfolio Manager

Development Manager

Risk Manager

Legal 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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