Please provide us with your photo ID (Licence, Passport) Halliday Solicitors Vendor s Questionnaire

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1 Vendor s Questionnaire Please return this completed questionnaire and signed Costs Agreement to us. Please also provide us with: Most recent rates notice Most recent water notice Certificate of Title The answers to these questions are used to draft the Vendor s statement, which must be provided to the purchaser prior to signing the contract of sale. The purpose of the Vendor s Statement is to alert purchasers to certain aspects of the property they ought to consider prior to committing to the purchase. If we do not comply with the strict disclosure requirements, the purchasers could withdraw from the purchase right up until the date of settlement. Your legal obligations on sale: You must ensure that you provide us with as much information as possible. If the vendor s statement is incorrect or incomplete, the purchaser may be able to avoid the contract and also bring an action against you for misleading conduct. This situation could also result in you being liable for agent s commission on the sale, together with additional legal fees. 1. Client details Full (legal) name: Place, Country, Date of birth If not born in Australia, are you an Australian citizen Contact number Street address Postal address (if different) address Preferred method of contact (please tick): Mobile Home phone Work phone Please provide us with your photo ID (Licence, Passport) If you are joint owners, should we communicate with you both, or do you wish to nominate one as the primary contact? Other client s details Full (legal) name: Place, Country, Date of birth If not born in Australia, are you an Australian citizen Contact number Street address Postal address (if different) address Preferred method of contact (please tick): Mobile Home phone Work phone Please provide us with your photo ID (Licence, Passport) 1

2 2. Title: We search the Land Titles Office to obtain a copy of the current Certificate of Title. Where is the original certificate of title? At Halliday Solicitors With Attached to this questionnaire At the bank (please provide details below at question 3) 3. Finances If you owe money to a finance institution there will be a mortgage registered on your title. We will arrange for a discharge of that mortgage and will send to you a discharge authority for signing and return to our office in the near future. After the sale money is received, where do you want the money to be deposited? All into our nominated bank account Name: BSB: Account number: All to our mortgage provider Institution name: Institution contact number: BSB: Account number: To our mortgage provider (details above), with surplus funds to our nominated bank account (details above) Other: The purchaser will pay a deposit, usually 10% of the purchase price. If you do not have a mortgage you can ask for the deposit to be released to you 28 days after the contract is signed. The agent will deduct their commission, and any marketing expenses, before releasing the balance of the deposit. If there is a mortgage over the property, the purchaser s consent to deposit release is required and to obtain that consent we must firstly obtain written details of the amount due under the mortgage from your bank, provide that information to the purchaser and then wait, for a maximum of 28 days for the purchaser to agree to release. The whole process may take up to 60 days. Do you want us to seek deposit release? Yes No 4. Vendor s questionnaire The property: Are you aware of any plans to change the road near your property? Has local council notified you of any plans it has in relation to the area? For example: Declaring a flood level? Declaring the area as significant? Declaring the area to be subject to termite infestation? Declaring the area to be subject to contamination? Creating any parks/reserves? If yes, give details: 2

3 Is there anything happening in the area which purchasers might regard as relevant? E.g. a new development is to be constructed in near proximity to your property? Are you aware of any discrepancies between the title boundaries and the occupational boundaries (fences)? Are there any common walls affecting your property? Leases: Does anyone else have a right to occupy the property? If there is a lease, is there an agent managing the property? If so, please inform us of their name and contact details. Please provide a copy of the lease agreement. Licences Are there Licences affecting the property? These include any bore water, creek frontage, licences, agricultural grazing, unused road licences. If yes, please provide a copy Easements: Are you aware of any drainage easements over the property? Have you built over any easement, and if you have, did you obtain the consent of the authorities? Are there any unregistered easements existing over the property? Eg your next door neighbour regularly uses part of your driveway to access their property? As far as you know, are all drains, sewers, telephone lines contained within normal locations? Sewerage and water: Is the property sewered by mains? Is the property sewered by a septic tank? If yes, please provide us with a plan indicating the location of the tank. If yes, when was the septic tank last emptied? Are the water supply and sewerage services of the normal standard available in the locality? 3

4 Improvements/buildings: Was the house built within the last 10 years, or have any improvements, renovations or works been carried out within the last 10 years? If yes, please provide copies of the building approvals/permits, certificates of occupancy/certificates of final inspection, and any building warranty insurance. The Act governing building works is unclear, and even quite minor works which did not require a permit could be considered owner-builder works. If you are considered owner-builders, you need to obtain a condition report, include certain warranties in your contract, and provide Warranty Insurance if the cost of the works was over $12, Is there a swimming pool, spa or wading pool on the property? If yes, is it properly fenced? Are there smoke alarms fitted in accordance with council requirements? Planning: Is the property of historical, heritage or archaeological significance? Outgoings: Is there an owners corporation? If yes, manager name & address: We will obtain the necessary certificate from the Body Corporate. Services: Which services are connected to the property? Electricity, phone, water, gas? Sewerage and water Gas Electricity Telephone Please advise if these charges have been paid? Please provide copies of current water, council, land tax and owners corporation fees. You must arrange for a final reading of all gas, electricity and telephone services immediately before settlement. If yes, please advise us of the names of the suppliers: Sewerage and water: Gas: Electricity: Telephone: Notices and orders: Have you received any notice at all from any authority other than annual rates notices? Are you expecting to receive any notices? 4

5 Insurance: Please ensure that you keep the property fully insured until settlement. There are situations in which purchasers can withdraw if a property is substantially damaged and not reinstated before settlement. Chattels and fixtures: What items are included in the sale of the property? The contract includes all improvements and fixtures, together with whatever chattels are particularly listed in the contract. The purchaser is entitled to the property, improvements, fixtures and specified chattels at settlement in the same condition as inspected as at the contract date, fair wear and tear excepted. This includes garden plants; not pot plants. If there is an item that is permanently fixed to the property that you wish to take with you, you should specifically exclude it in the contract. If the property includes a dishwasher, a purchaser will ordinarily expect that the dishwasher stays with the property. Fixtures are included in the sale. A fixture is something which are fixed to the property so that damage would be caused to it or the property if it were removed eg. a built-in wardrobe. By contrast, chattels are things that can easily be removed without damage, eg. a freestanding washing machine that plugs into a power point. Chattels are NOT included in the sale. Tax The sale of residential properties unless new, substantially renovated or vacant land do not attract GST. However, the sale may attract capital gains tax. We will provide you with a full set of documents on completion of the sale which will inform you about the sale expenses and sale proceeds. If you have any queries regarding GST, capital gains tax, or any other taxation issues you should consult your accountant. Signed by All vendors to sign Date 5