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Pre-emption agreement: non-assignable

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  Pre-emption agreement - non assignable 
  AU-PR306 Pre-emption agreement - non assignable Price: A$ 45 Buy this document
 
 
 

About this document

This is a comprehensive legal document setting out the terms and conditions for a non-assignable and time-limited right of pre-emption over land.

 

A right of pre-emption is exercisable by the buyer, on the happening of a trigger event caused by the vendor - such as a decision to sell the land at all on the approval of planning permission.  A right of pre-emption is not as strong as a regular option - it is just the right of first refusal if the vendor decides to sell the land. If the vendor does not decide to sell in the pre-emption period, the prospective purchaser cannot force the vendor to sell. Compare this with a standard or regular option agreement, which is a right to buy within the option period, exercisable by the prospective purchaser at will.

 

It is suitable for a either a prospective vendor or a purchaser. The effect is that the purchaser will be given first refusal when the landowner decides to sell the land within a certain period agreed by the parties.

 

We have a similar pre-emption agreement, which is assignable here.

 

Application and features

  • Sets out a clear and logical structure by which to grant and exercise a right of pre-emption over land;
  • Suitable for grants of most types of pre-emption;
  • Written in plain English;
  • Includes explanatory notes.

Contents

  • Grant of pre-emption right;
  • Permitted trigger events;
  • Pre-emption procedure after trigger event;
  • Exercise of pre-emption right – in letter form, as a schedule to the agreement;
  • Effect of rejection of owner's offer to sell;
  • Registration of the pre-emption right;
  • Entire understanding provision;
  • Provision about notices;
  • Severability of any paragraphs found defective;
  • Provision that the agreement is not assignable by the buyer;
  • Mediation and Arbitration;
  • Other legal provisions;
  • Explanatory notes and guidance.

 

  AU-PR306 Pre-emption agreement - non assignable  Price: A$ 45 Buy this document
  Document length: 1850+ words; Explanatory notes: 850 words    
 
 


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