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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."
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
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
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
Real Estate
Property Development
Legal Services
Financial Services
Construction
Property Investment
Banking
Property Management
Urban Development
Legal
Real Estate
Property Development
Conveyancing
Compliance
Risk Management
Property Investment
Operations
Settlement
Transaction Management
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
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