75 King Street Bendigo Vic 3550

03 4400 9877

admin@adroitconveyancing.com.au

Sale Instructions

Selling a property is often the single largest transaction any of us will enter into.

As such it is important to obtain the right advice and to provide us with all the details relevant to your sale, to ensure an enforceable Section 32 Vendor Statement is prepared:

This form is required to be digitally signed by all persons we represent. Should any party not be with you at the time of completion, please hit save and complete, add their email to the link and the incomplete form will be sent to the other party to check the details, sign and submit.

Material Facts

What is a Material Fact?

A material fact is a fact that would be important to a potential purchaser in deciding whether or not to buy any land. In the context of a proposed sale of land, a material fact is one that influences a purchaser in deciding whether or not to buy any land at all, or to buy land only at a certain price.

As from 1st March 2020, Vendors and their agents cannot knowingly conceal any material facts about a property to a prospective buyer. We have included a link to Consumer Affairs for you to read through.

https://www.consumer.vic.gov.au/housing/buying-and-selling-property/selling-property/preparing-to-sell-your-property

We request that you bring to our attention any item on this list which is relevant to your property and/or any other item that may be considered a material fact relating to your property.

Address of Property being sold *

How did you hear about us? *

Are you selling as an Individual or a corporate entity? *

IndividualDirector of a Corporate Entity

Corporate Entity - Company name *

ACN

Person 1 / Contact details

Please specify

Full Legal Name (including any middles names)

First Name & middle names (if any) *

Last Name *

Preferred name (if any)

Have you been known by any other name? e.g. marriage / maiden name / legal change of name *

YesNo

Please provide your other known name in full *

Date of Birth *

Contact Number *Include area code if not a mobile (no spaces)

Email Address *

Current Address

Street Address *Street Address line 2

City *

State *

Postcode *

Postal Address (if different from above)

PO Box / RSB / Care of -Address line two

City

State

Postcode

Forwarding address after settlement (if known)

Street addressStreet address line 2

City

State

Postcode

Citizenship - please complete which option applies to you *

Australian CitizenPermanent Resident - holder of a permanent visa

What is your country of citizenship? *

Are there any other vendors?

YesNo - hit next button on the following page

Person 2 / Contact details

Please specify

Full Legal Name (including any middles names)

First Name & middle names (if any) *

Last Name *

Preferred name (if any)

Have you been known by any other name? e.g. marriage / maiden name / legal change of name? *

YesNo

Please provide your other known name in full *

Date of Birth *

Contact number *Include area code if not a mobile (no spaces)

Email address *

Current Address

Street address *Street address line 2

City *

State *

Postcode *

Postal Address (if different from above)

PO Box / RSB / Care of -Address line two

City

State

Postcode

Forwarding address after settlement (if known)

Street addressStreet address line 2

City

State

Postcode

Citizenship - please complete which option applies to you *

Australian CitizenPermanent Resident - holder of a permanent visa

What is your country of citizenship? *

Are there any other Vendors?

YesNo

Person 3 / Contact details

Please specify

Full Legal Name (including any middles names)

First Name & middle names (if any) *

Last Name *

Preferred name (if any)

Have you been known by any other name? e.g. marriage / maiden name / legal change of name? *

YesNo

Please provide your other known name in full *

Date of Birth *

Contact number *Include area code if not a mobile (no spaces)

Email address *

Current Address

Street address *Street address line 2

City *

State *

Postcode *

Postal Address (if different from above)

PO Box / RSB / Care of -Address line two

City

State

Postcode

Forwarding address after settlement (if known)

Street addressStreet address line 2

City

State

Postcode

Citizenship - please complete which option applies to you *

Australian CitizenPermanent Resident - holder of a permanent visa

What is your country of citizenship? *

Are there any other Vendors?

YesNo

Person 4 / Contact details

Please specify

Full Legal Name (including any middles names)

First Name & middle names (if any) *

Last Name *

Preferred name (if any)

Have you been known by any other name? e.g. marriage / maiden name / legal change of name? *

YesNo

Please provide your other known name in full *

Date of Birth *

Contact number *Include area code if not a mobile (no spaces)

Email address *

Current Address

Street address *Street address line 2

City *

State *

Postcode *

Postal Address (if different from above)

PO Box / RSB / Care of -Address line two

City

State

Postcode

Forwarding address after settlement (if known)

Street addressStreet address line 2

City

State

Postcode

Citizenship - please complete which option applies to you *

Australian CitizenPermanent Resident - holder of a permanent visa

What is your country of citizenship? *

Trust

Is the Property held pursuant to a Trust? *

YesNo

Name of Trust *

Type of Trust *Discretionary / Unit / SMSF / Fixed

ABN (if known)

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GST

Are you registered for GST? *

YesNo

Should GST to be applied on this sale? *

YesNoUnsure

Select as applies *

Margin SchemePlus GSTGoing Concern

ABN *

Are you required to be registered for GST? *

YesNo

If you are unsure, please verify your situation with your accountant/financial advisor and advise our office accordingly.

Please note that we are not financial advisers or taxation consultants and cannot give advice on these matters. By ticking the boxes regarding GST you are signifying that you have received the correct financial and taxation advice from your chosen financial and/or taxation consultants concerning this property transaction and accordingly, you are hereby indemnifying Adroit Conveyancing from any payments or penalties that you may incur as a result of any incorrect or misleading information inserted on this form.

Rates / Charges / Outgoings

Please provide copies of full current Council rates notice (not an instalment notice), along with any recent water invoices and Owners Corporation Invoice (if any)

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NB: Our office will order any searching and/or planning inquiry certificates

Type of Property being sold

Service Connections (connected and operational)

Electricity *

YesNo, we are totally off grid

Gas *

Yes - natural gasNo, gas at the property at allBottled gas

Water *

Yes, connected to mains waterNo, tank water onlyBore

Sewerage *

YesNo, septic system only

Telephone (you do not have to have a physical landline phone, but if you use the line for internet access then check yes) *

YesNo, not connectedNBN only

Licences

Does your property have any of the following Licences applicable? Please check if applicable.

Water LicenceRoad LicenceAgricultural / Grazing Licence

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Owners Corporation (OC) formerly known as a Body Corporate

Is the property affected by an Owners Corporation? *

YesNo

Does the OC have an OC Manager to look after the affairs of the OC? eg Invoicing & organises maintenance, insurance and Annual Meetings *

Yes it a strata management companyNo, it is inactiveSelf managed by an Owner

Upload a copy of your owners corporation statement and/or invoice from the Strata Company *

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Please list the details of the person we can contact for OC information such as fees and insuranceName, contact number and email

INACTIVE (Common Property)

This means that there are no annual meetings, insurance held, or monies received or held by the Owners Corporation, or none of this has occurred within the last 2 years.

If there is no active Owners Corporation but there are more than 2 lots including common property you will be required to provide us with a copy of Public Liability Insurance.

The section 32 cannot be completed without public liability insurance.

Only Subdivisions of two lots are exempt from requiring Insurance. A person cannot sell a lot affected by an owner’s corporation unless the vendor or the owner’s corporation has a current insurance policy in accordance with the s11 od the Sale of Land Act 1962. Where a lot is sold in contravention the purchaser may avoid the sale at any time before the contract is completed.

Lease

Is the property currently being rented and subject to a lease (whether written or verbal)? *

YesNo

Will the property be vacant at the time of Settlement? *

YesNoUnsure

Is the Tenancy managed by a Property Manager or self managed? *

Property ManagerSelf Managed

Is there a written lease in place? *

YesNo

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Please provide a contact details for the Agency & Property Manager details: *

IF lease is verbal and not written, please provide details: *Provide name of Tenant/s, rent payable at frequency of payment e.g. weekly / fortnightly / monthly? Are there any rent arrears? Is there a bond held?

Notices / Disputes / Orders

Have you received any notices or orders from any Statutory Authority / Council / Neighbour? *

Yes – Please provide copy of notice / orders belowNo

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Have there been any disputes with neighbours and/or other persons in respect to the property i.e. regarding boundary lines, fences or trees? *

Yes - Please provide detailsNo

Details of dispute *

Easements

Has anything been built over any easements at the property? This must be disclosed in the Section 32 *

Yes - provide details belowNo, not to the best of my knowledge

Provide details of buildover *

Cladding/Combustible Materials

As part of a state-wide audit carried out by the Victoria Building Authority (VBA) hundreds of buildings have been identified as having some degree of combustible cladding. As an owner, you are required to disclose if your property has any combustible external wall cladding, or if you have been issued an Emergency Order, Building Notice or Building Order.

Are there any combustible cladding materials affecting the property? *

YesNo

Have you entered into an agreement with Council, the Owners Corporation or any other body with regard to rectification works in relation to the cladding or combustible material? If yes, please provide any documents, or details below: *

Planning Permits at the property

Have any Planning Permits been obtained, applied for, or rejected in relation to the property in the last 7 years? *

Yes - please upload copies belowNo

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Building Permits and/or & works at the property

Building Permits - Have any structural / building / major landscaping works been carried out to the property within the last 7 years where a permit would be required OR should have been required? Please provide copies of any relevant documents : Building Permit / Occupancy Permit / Certificate of Final Inspection / Builder’s Warranty Insurance Certificate / Section 137B Building Report for owner builder works (if applicable) / Certificate of Consent for owner building works / Detailed plans of any works to be completed prior to settlement *

YesNo

Building Permit / Occupancy Permit / Certificate of Final Inspection / Builder’s Warranty Insurance Certificate / Section 137B Building Report for owner builder works (if applicable) / Certificate of Consent for owner building works

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Please provide details of works carried out (if any):

Who were the works completed by?

Registered BuilderMyself - see Owner Builder* requirementsMultiple Trades and overseen by me - see Owner Builder* requirements

* OWNER BUILDER - An owner-builder is someone who takes responsibility for domestic building work carried out on their own land. If you become an owner-builder, you will be responsible for: ensuring a building permit (if required) is obtained and paying the building permit levy, supervising or undertaking the building work.

In the case of owner-builder works a Section 137B Report is required. The Report must not be more than 6 months old, calculated from the day of sale (date all parties sign the Contract of Sale). This Report is required for ANY structural works undertaken by an owner-builder irrespective of the value of such works.

Domestic building insurance
Domestic building insurance is required for any building works over $16,000.00. It is previously known as ‘builders warranty insurance’, which protects the buyer if you (as the owner builder) die, become insolvent or disappear.

You will need:
• the defects report (noted above)
• domestic building insurance certificates

Domestic building insurance does not cover defects or incomplete work identified in the defect’s inspection report.

Failure to Disclose Owner Builder Works
If you do not comply with your obligations when selling your owner builder home, the purchaser may elect to terminate the contract at any time, up until the settlement date. If any of the warranties that are provided for in the contract are in breach, the purchaser may have an action against you.

Swimming Pools and Spas

Does the property have a pool or outdoor spa? *

YesNo

Have you registered your pool/spa with council? *

Yes - Please provide the letter from your council confirming the registration and receipt of barrier complianceNo

Pool/Spa registration and/or compliance

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By 1st November 2020, all private swimming pools and spas must be registered with the Council. The new laws apply to swimming pools and spas that are capable of holding more than 300mm (30cm) of water. This includes permanent pools, above ground pools, indoor pools, hot tubs, bathing or wading pools and some relocatable pools.

Relocatable pools that do not consist of multiple components and do not require any assembly are not subject to the barrier requirements. An example of such product is a small inflatable pool that requires no assembly other than inflation.

https://www.vba.vic.gov.au/consumers/swimming-pools

Alarm/Security Cameras and Solar Panels

Does the property have an alarm or security camera system? *

YesNo

Is the alarm/system under any ongoing financial Contract or Agreements to call back to base in the event of the alarm being activated? *

YesNo

Will the alarm or security camera system remain with the property at settlement? *

YesNo

Does the property have any solar panels? *

YesNo

Are the Solar Panels under any ongoing financial Contracts/Agreements? *

YesNo

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Certificate of Title

Title reference Volume

If knownFolio

Title ReferenceVolume

If KnownFolio

Does the property have additional Lots, e.g. Accessory Car Park(s) / Storage Unit? *

YesNounsure

Where is the original paper Certificate(s) of Title held? *

In my possessionSolicitor / ConveyancerBank safe custodyUnsure

Provide details of party holding paper Title(s) - other than yourselfName of person / Solicitor / Conveyancer / Bank / contact number, email etc

Mortgage

Is there a mortgage/s registered over the property *

YesNoOther - Debt Repaid but the Bank holds the title/mortgage over property

Lender name *

Approximate Total Amount Owed: $ *

BSB & Account number

BSB & Account Number (if multiple loans)

Is the property used as security for other borrowings? (i.e. collateral security for other loans relating to a business or other property, Guarantor for another person?) *

Yes - provide details belowNo

Provide details *

Caveats

Are there any caveats registered on the title? *

YesNo, not to the best of my knowledge

Caveator *

Approximate Amount Owed $ *

Balance of Settlement Funds

After expenses relating to sale and are paid, provide details of the account(s) where the remaining funds are to be deposited:Name of Account: BSB: Account number

Goods/Items included & excluded from sale

Goods are items that can be removed without leaving any damage.

Items such as carpets, light fittings, internal and external blinds, drapes, and dishwashers, range hoods, swimming pool equipment, TV antennas, portable air conditioning units, portable clothes lines and remote-control devices will remain with a property.

A general description of goods is: “All fixed floor coverings, electric light fittings and window furnishing” will pass with the property as noted in most Contracts, is this sufficient? *

YesNo

Please note details below *

Are there any item/s being excluded from the sale? *

YesNo

Please note details below *Please ensure that you advise your agent (if applicable) of any items to be excluded from the sale

Real Estate Agent

Are you Selling through an Agent? *

YesNo – If you are not using an Agent, we must prepare the Contract of Sale and the deposit must be held in our trust account.

Real Estate Agency: *

Phone *

Sales person: *

Email *

Mobile *

Is the property being sold at Auction? *

YesNo

Please contact our office immediately if the Auction date us less than 4 weeks as we require at least 4 weeks’ to prepare the relevant paperwork and order the necessary searches

Auction date (if known)

Separations / Court Orders / Agreements / Deceased Estate

Is the property subject to any of the following? *

Yes (Court orders / Written agreements, Separation, Matrimonial disputes)Yes (Deceased Estate of current Proprietor/s)No

Please tick applicable – and upload below *

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Additional Contact

Please provide name & contact detailsIf you are agreeable to our office discussing this matter with a person who is not a party to this transaction or registered on title, please advise their name and contact details.

DEED OF CHARGE

By returning this Instruction sheet to Adroit Conveyancing Pty Ltd ACN 677 031 444 trading as Adroit Conveyancing, I/We am/are engaging them to carry out the conveyancing process on my/our behalf.

I/We hereby acknowledge that costs and disbursements will be incurred from the date that Adroit Conveyancing receives the contract and/or instruction sheet in a matter and I/we agree to pay any Adroit Conveyancing invoice either prior to, or at the time of settlement.

I/we understand that in the event that I/we fail to pay the whole amount due, Adroit Conveyancing shall be at liberty to instruct a collection agency and/or solicitors to recover the monies outstanding under our invoice and that I/We shall also be liable for any costs, charges, commissions and expenses incurred and properly payable by us to such collection agency and/or solicitors relating to the recovery of our invoiced sum.

Any amounts owing to us under an invoice from Adroit Conveyancing and/or under these terms shall be a secured debt constituting a charge against the land for the Property for which the work was performed, or part-performed, by us. I/We agree and understand that failure to pay any or part of an invoice may result in Adroit Conveyancing lodging a Caveat over my property for which the work was performed. I/we further understand Adroit Conveyancing shall be at liberty to add reasonable costs, charges, fees and expenses incurred for the regsitration of any Caveat or Withdrawal of Caveat against me/us.

The signing or use of any documents enclosed herewith and/or forwarding of any further instructions to us in your file shall constitute confirmation and further acknowledgment of receipt of these terms, agreement and acceptance of them in full, including personally guaranteeing by Company Directors of a Company Client.

Conveyancer’s Lien

Legal ownership in, and title to, all documents, records, papers, titles and any other material created or obtained by us in the performance of your instructions or in dealing with your matter, belongs to us and does not pass to anybody until the matter is completed and all outstanding fees, costs and disbursements have been paid out to us. We will retain possession of all those documents, records, papers, titles and any other materials until the matter is completed and all outstanding fees, costs and disbursements have been paid.

Acknowledgement

I/we authorise you to commence preparation of the Section 32 statement for the property being sold. By signing this form I/we agree for the preparation of the Section 32 to commence.

By submitting this form you are declaring the information provided is true and correct.

YOU ACKNOWLEDGE:-
A. The Section 32 Statement can become invalid;
B. Do not rely on the certificate in a Section 32 Statement if you know that the circumstances have changed in relation to the property;
C. The information in the Section 32 Statement must be accurate up to the date of the sale;
D. The purchaser may avoid the contract if the information in the Section 32 Statement is not accurate or current.

Signed by Person 1 *

Clear

Date *

Signature Person 2 *

Clear

Date *

Signature Person 3 *

Clear

Date *

Signature Person 4 *

Clear

Date *

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