Transmission by death

The Sellers need to arrange for registration of a transmission by death to the Sellers, and give a copy of the "Registration Confirmation" to the Buyers, before 5.00pm on ___/___/___.  If this has not happened by then, this contract shall be at an end.

(NOTES: This clause means the contract is binding, even though the Sellers aren’t yet the registered owners. The date to be put in the clause is the last possible date for becoming the registered owners. Therefore, this date should be practical - the seller’s solicitors should be consulted about how long registration will take.)

Selling before settling

This contract is conditional on the Seller's purchase contract for the Property settling on the same day as this contract. The Buyers will accept a 'transfer by direction' at Settlement.

(NOTES: A person can buy a property, and even before settling it, put the property back on the market.  If they are able to sell the property before settling its purchase, their sale contract will need a special condition like this.  It means that the sale doesn't go ahead unless the purchase can happen.  It also means that the Buyer accepts a special kind of transfer form that must be used for these types of deals. This type of clause is often used by Builders who buy land on “builders terms” with delayed settlement … then build a "spec" home … then sell the spec home without first settling the land purchase.  With these types of transactions, the Sellers may also benefit from using a clause that “Seller can make it earlier”).

Sale and purchase together

This contract is conditional on the Seller's purchase contract for the Property settling on the same day as this contract. The Buyers will accept a 'transfer by direction' at Settlement.

(NOTES: This type of clause is often used by Builders who buy land on “builders terms” with delayed settlement. After building XE "building"  a spec home, they sell the house and land using this clause, so they can settle the sale and purchase on the same day.)