Sale and Purchase Agreements

Buying or selling your house is a big deal – it is likely to be the largest transaction you’ll ever make, so it’s nice to have the reassurance of a legal document to protect both parties.  A Sale and Purchase Agreement is essentially a contract that outlines all the terms and conditions of the sale or purchase. It is decided by and agreed upon by both parties before it is signed. Once it is signed, it becomes a legally binding contract by which there are agreed penalties and repercussions should the contract be defaulted.

The conditions outlined in the contract will include but not be limited to:

• The agreed price
• The inclusion of any chattels such as white wear, floorings and any agreed furniture
• The type of title – such as freehold or leasehold
• Any conditions the buyer and seller want fulfilled before the contract is agreed
• Deposits and interest on overdue payments
• The date of the agreement will become unconditional
• The settlement date
• Any deposit the buyer must pay.

The agreement will also include any additional obligations and conditions that the buyer/seller must abide by.

Additional clauses

There are a number of additional clauses you may want to include in your Sale and Purchase Agreement. As a seller, you may also want to include an ‘escape’ clause which allows you to keep the house on the market while the buyer sorts out the conditions such as arranging finance or selling their current home. If you receive another offer during this period, the clause gives the buyer a set number of days to make an unconditional offer. If they do not act, you are free to take up the other buyer’s offer. The escape clause may not look desirable to potential buyers but it is important that you protect yourself with provisions in an agreement that spells out your rights.

Why do I need a Sale and Purchase Agreement?

It is a legally binding contract that will provide certainty to the buyer and seller as it sets out in writing all the terms and conditions. Both parties are able to negotiate their terms, through the agent, until they both reach an agreement. Once the provisions are agreed upon, they have the security of knowing that they must be met or repercussions will occur.

Defaulting the agreement

The agreement will cover the penalties and compensation costs that the must be paid if the buyer/seller defaults on the terms of the agreement, for example, delaying the settlement or the interest that will incur for late payments.

Deposits

When both parties agree on all clauses in the agreement, a deposit is paid to the real estate agent by the buyer. The agent usually takes their commission from the deposit when the offer becomes unconditional. It is important to identify if all conditions have been met as once the offer becomes unconditional, you will not get your money back should you change your mind.

The settlement date

The agreement will outline the settlement date. This is the date when the buyer pays the rest of the amount agreed for the property, usually through their lawyer. The settlement date is usually the happy day when the keys are handed over and the buyer can move into their new home.