Overage agreement: buyer side; simple

A complete and practical overage agreement for a property buyer to put to a seller as an incentive for the seller to sell his land. The agreement can be as soft as the buyer wishes. It is drawn as a simple version so that the buyer can minimise his future obligations. Practical and flexible.

Suitable for use in: ACT, NSW, NT, QLD, SA, TAS, VIC and WA
Price A$59.00
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About this simple overage agreement

This document is for a property buyer. This agreement has been drawn for you to present to your prospective seller and around which you can negotiate your agreement. This is a comparatively simple version in which the seller’s rights do not pass from the present buyer to a future buyer. The effect is that the present buyer is bound for the overage period, but can sell a title “clean” of attached overage.

Furthermore, to make calculation of the overage charge simple, it bites only when a planning consent increases the land value by a given (substantial) sum. It thus avoids the possibility of multiple small overage charges.

The aim of this agreement is to provide a framework which entices future owners to develop and not one which ensures that they do not develop.

When to use this buyer’s overage agreement

This agreement can be used in the acquisition of any land, for any purpose. However, we assume it will be used most frequently for a situation where the buyer intends to apply for planning permission for substantial development.

This document is in plain English. Nonetheless it is a sophisticated document drawn by a property specialist solicitor. It is suitable whether you are an individual or work through a company incorporated in the Commonwealth of Australia.

Net Lawman also offers an overage agreement for a buyer where the obligations of the buyer are rather greater but nevertheless considerable softer than the very tough versions often offered by a seller.

Contents of this overage agreement

  • Definitions
  • Interpretation
  • Overage Payment: payment terms
  • The Overage Payment: Surveyor’s valuation
  • Release to enable Transfer
  • Miscellaneous matters
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current Australian law.

AU-PRove03 - Overage agreement: buyer side; simple (Suitable for use in: ACT, NSW, NT, QLD, SA, TAS, VIC and WA)

 
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