Sale Questionnaire - Shamac Lawyers

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Thank you for requesting Shamac Lawyers to act on your behalf and prepare the necessary documents for the sale of your property. In order to enable us to prepare the Section 32 Statement (Vendors Statement) and to act generally on your sale, we now request you answer a number of questions about the property.

The answers provided by you will be information which will either be included in the Section 32 Statement, or are required to be provided to the purchaser before finalisation of the sale.

You must ensure that you provide us with as much information as possible. If the vendor 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.

Total Number of Vendors

VENDOR 1

6 Questions

Title

First Name

Middle Name

Last Name

Address

Address Line 1

City

State

Zip Code

Phone Number

Date of Birth

Tax File Number & ABN

Please enter your Tax File Number and any relevant ABN related to the property.

VENDOR 2

6 Questions

Title

First Name

Middle Name

Last Name

Address

Address Line 1

City

State

Zip Code

Phone Number

Date of Birth

Tax File Number & ABN

Please enter your Tax File Number and any relevant ABN related to the property.

VENDOR 3

5 Questions

Title

First Name

Middle Name

Last Name

Address

Address Line 1

City

State

Zip Code

Phone Number

Date of Birth

Tax File Number & ABN

Please enter your Tax File Number and any relevant ABN related to the property.

VENDOR 4

99 Questions

Title

First Name

Middle Name

Last Name

Address

Address Line 1

City

State

Zip Code

Phone Number

Date of Birth

Tax File Number & ABN

Please enter your Tax File Number and any relevant ABN related to the property.

ARE YOU SELLING UNDER A POWER OF ATTORNEY?

Full Name of Attorney

Relation to Vendor

Please provide ORIGINAL or CERTIFIED COPY of Power of Attorney.

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IS THE SALE SUBJECT TO A FAMILY LAW SETTLEMENT / AGREEMENT?

Please attach relevant agreements, orders and/or letters.

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IS THE VENDOR A TRUST OR COMPANY?

Company Name

Trading As

Director Contact

ACN NO

ABN NO:

Address

Address Line 1

City

State

Phone Number

Registered for GST?

REAL ESTATE AGENT NAME

First

Last

Contact Person

Suburb

Phone Number

Do you require us to prepare your Contract of Sale?

Note: -There may be an extra charge for this. Please check with your Real Estate Agent for their preference. Note: -If it is an Auction Contract, your Real Estate Agent will require us to prepare your Contract of Sale.

Is your property already listed for sale, or not yet?

YES
NO
Very soon on (Enter date here)

When was your property listed for sale?

WILL THE PROPERTY BE SOLD AT AUCTION?

Date of Auction

WHAT IS YOUR EXPECTED/RESERVE PRICE?

Where a property is sold for $750,000+, a Foreign Resident Capital Gains Withholding Certificate will be required. We will provide you with further instructions where applicable.

Street Address

Address Line 1

City

State

Zip Code

TYPE OF PROPERTY

House
Apartment/Townhouse/Flat/Unit
Rural/Farm
Vacant Land
Off the plan property
Land currently being subdivided
Aged Care
Car space
Dwelling & Business
Agistment
Other

Now we need details of any additional allotments, such as car parks or storage spaces.

HOW IS THE PROPERTY CURRENTLY BEING USED?

Occupied by me/us
Vacant
Tenanted

If your property is being leased/tenanted

The property will be sold as:

Leased
Vacant Possession

Have you notified the Tenant of the sale?

AGENT in existing

Have you provided the Tenant with written notice to vacate the property?

Managing Agent Details

Agency

Contact Person

Address

Address Line 1

City

State

Zip Code

Phone

Email *

Tenant Details

Agency

Contact Person

Address

Address Line 1

City

State

Zip Code

Phone

Email *

Please attach Agreements/Leases as signed by all parties and any written notice to vacate issued, and any other relevant correspondence with the Tenant.

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IS THE SALE SUBJECT TO A FAMILY LAW SETTLEMENT / AGREEMENT?

Please attach relevant agreements, orders and/or letters.

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You should consider what is included in the sale of the property. The contract will include all 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.

FIXTURES: Fixtures are included in the sale; they are more or less permanently fixed to the land, and would affect the property if removed, for example: pool filters, satellite TV dishes and antennas, carpeting, blinds, built-in BBQ, built- in dishwasher.

CHATTELS: Chattels are generally not included in the sale unless listed; they are easily moveable and therefore not permanent. Common chattels are fridges, washing machines, dryers, ride-on lawn-mowers, free-standing BBQ’s.

ARE THERE ANY CHATTELS OR FIXTURES YOU WOULD LIKE INCLUDED OR EXCLUDED FROM THE SALE?

Inclusions:

Exclusions:

WHAT SERVICES ARE CONNECTED TO THE PROPERTY?

Water
Electricity
Telephone
Mains Gas
Bottled Gas
Mains Sewerage
Septic Tank /On site system

IS YOUR PROPERTY SUBJECT TO THE CONGESTION LEVY TAX

Yes
No
I don't know

iF SO, PLEASE UPLOAD A COPY OF YOUR CONGESTION LEVY CERTIFICATE AT THE END

Do you own any other property, and therefore Land Tax might be due and unpaid on the land, or assessed, but not yet due?

Are you aware of any road proposals on the land issued by Vicroads?

Do you know if the land is in a bushfire prone zone?

Do you know if the land is affected by any other zoning such as Aboriginal/Heritage/National Trust/Crown Land, etc?

Please specify what zoning.

Local Council

Local Council Name

$Rates per annum (estimated)

Owners Corporation (if any)

Manager's Name

Manager's E-mail Address

Manager's Contact Number

$ per annum

Water

Water Authority

$estimated water charges per year, including sewerage

Parks Authority

$estimated parks charge per year

Land Tax Per Year Due (if any)

Please provide a copy of your council, water, land tax and owners corporation bills. Providing these documents now means we can undertake less searches on your property and therefore save you money. If you do not provide a copy of these accounts, we will assume you instruct us to undertake the necessary searches which can take some time and will cost you more money.

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Where the plan of subdivision has two or more lots, an Owners Corporation Certificate MUST be included in your Vendors’ Statement.

The Owners Corporation is entitled to charge approximately $200.00 for this certificate. We will obtain this certificate on your behalf, but these certificates do take time to receive.

ITEMS UNDER A SECURITY INTEREST:

Whether registered or not, imposed by or under any Act (including the Personal Property Security Register (PPSR to secure an amount due under that Act, including the amount owing under the charge. Items may include: split system, heater, a patio, or solar panels.

List the items provided under a Security Interest. If there are items, please also provide us with further documents from those security providers confirming their interest.

Security Interest

Item

Lender

Amount Owning

Now we need to know about building works. Was the house built within the past 7 years or have any building works, improvements, or renovations been carried out within the past 7 years?

If yes, were the works completed with proper permits or as an owner builder?

With permits
With owner builder permits
No permits
Other

Owner Builder Works:

Even minor works that do not require a permit can be considered ‘owner-builder’ works. If you have completed works as an ‘owner-builder’ you will need to obtain a condition report to ensure the works are adequately disclosed in your Vendors’ Statement. Where, the cost of the works are over $16,000, you will also need to provide owner builder warranty insurance.

Please attach a Section 137b Defects Report (obtained by a Licensed Building Inspector) as required for all Owner Builder Works.
Please attach a copy of the Warranty Insurance Policy as required for all Owner Builder Works valued over $16,000 if the works are less than 7 years old.

Planning Permits & Compliances:

Have you, or are you aware of any previous owner, having applied for or obtained any planning permit(s) or amendments to planning permits in relation to the property?

If yes:

Please provide full details of all such permits;
Confirm whether all conditions of each permit have been fully complied with and finalised; and
Provide copies of all relevant documentation, including (without limitation) permits, endorsed plans, approvals, amendments, correspondence with the relevant authority, and any evidence of compliance or completion.

If no, please confirm that you are not aware of any planning permits affecting the property.

Planning Permits & Compliances:

Outline details of any building works including the approximate value of works completed in the past 7 years.

Please provide copies of any building approvals, permits, certificate of occupancy, certificate of final inspection and any building warranty insurance.

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IS THERE A SWIMMING POOL OR SPA?

If yes, is it properly fenced?

Do you have a Compliance Certificate for the swimming pool or spa?

If yes, please provide

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Are you aware of any disputes, discrepancies, encroachments or court actions involving the property? Or are you aware of any Material Facts that need to be disclosed to any potential purchasers? A material fact is any information that may impact a potential purchaser’s decision to buy a property. General facts and specific facts are the two types of facts that constitute material facts. General facts refer to information that an average, reasonably informed purchaser would generally regard as material in their decision to buy land. Specific facts refer to information or facts about the land that is known by the vendor or vendor’s agent, including an estate agent, to be necessary for a specific purchaser. This knowledge could arise if a particular purchaser asks a specific question about the land or informs the vendor/agent of their intended land use. Some examples of material facts include prior history of violence, flood or fire on the property, building defects such as water leakages or pest infestation, illegal use of the property, plans for large-scale infrastructure development adjacent to the property, illegal construction or construction without a permit, and death or murder on the property.

If yes, give details:

Are you aware of any easements on the property?

If yes, give details:

If you have built over any easement did you obtain the consent of the authorities?

If yes, give details:

Are there any unregistered easements existing over the property?

If yes, give details. For example, your next-door neighbour regularly uses part of your driveway to access their property.

Have you received any demand notices, orders, requirements, proposals, declarations or recommendations from a public authority or government department affecting the land, or are any likely?

If yes, give details. This includes agricultural chemicals and compulsory acquisition, other than annual rates notices.

Is there anything happening in the area which purchasers might regard as relevant, such as a large apartment block is to be constructed in near proximity to your property?

If yes, give details:

Are you aware of any road construction proposals in your area?

If yes, give details:

Are you aware of any discrepancies between the title boundaries and the occupational boundaries, that is the fences?

If yes, give details:

Is there access to the property by road?

Is the property subject to GAIC (Growth areas infrastructure contribution)?

Yes
No
Unsure

IS THERE A MORTGAGE OR CAVEAT ON THE PROPERTY?

Yes
No
Unsure

Lender 1 / Caveator 1

Loan / File Number

Branch/ Contact Number

Amount required to discharge loan?

DO YOU INTEND ON USING THE PROPERTY AS SECURITY FOR A LOAN PRIOR TO SETTLEMENT?

DO YOU KNOW WHERE IS THE ORIGINAL TITLE?

With the Bank
Personal Possession
Unsure/Lost
Other

EARLY DEPOSIT RELEASE:

The purchaser will pay a deposit, usually 10% of the purchase price. The Sale of Land Act requires that the deposit is held in trust on behalf of both parties until settlement. Deposit monies are generally held by the selling agent. However, if certain requirements are satisfied the purchasers may consent to the early release of the deposit prior to settlement. The agent is entitled to payment of commission upon release of the deposit. Please bear in mind that the early release of deposit is never guaranteed.

Do you want us to seek an early deposit release?

Please enter your bank details for any early deposit release and payment of any sale proceeds. We will contact you to verify these bank details.

Name

BSB

Account No

Please provide your new street address after settlement, if known.

Address Line 1

City

State

Zip Code

Please provide your new postal address after settlement, if known, and if different from your new street address.

Address Line 1

City

State

Zip Code

LETS TALK ABOUT INSURANCE & TAX

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.

TAX

The sale of residential properties does not attract GST unless new, substantially renovated or vacant land. If you have any queries regarding GST, capital gains tax, or any other taxation issues you should consult your Accountant

OTHER DETAILS:
Please list any other details, concerns, information that you wish to disclose to the purchaser or require further advice from Mr Conveyancer about.

Other Details:

I/We the undersigned, hereby certify that the above information is true and correct to the best of my/our knowledge. I/we further acknowledge that the Section 32 Statements will be prepared based on the information I/we have provided herein and that Shamac Lawyers will not be responsible for any possible defect in respect of the Section 32 Statement as I/we have instructed Shamac Lawyers only to obtain such normal searches to prepare an accurate Section 32 Statement as can be obtained by Mr Conveyancer after receipt of the information and signed declaration below.

I/we acknowledge that I/we have been fully informed by Shamac Lawyers that the necessary enquiries normally require anywhere up to two weeks to complete and that if information provided herein is inaccurate the Section 32 Vendor’s Statement may be invalid and provide grounds to the Purchaser to withdraw at any time up to final settlement and, if that happens, I/we may be liable for any agent’s commission on the sale and also subsequent legal costs.

Shamac Lawyers' fees for the sale of a property are fixed, plus disbursements. Disbursements are fees for third party incurred costs, such as property information certificates received from local authorities and required under section 32 of the Sale of Land Act to be disclosed to any potential purchasers. We will deduct our fees at settlement unless paid prior.

Signed on behalf all Vendors

Clear Signature

Name

Date