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Vendors Statement

VENDOR DETAILS

VENDOR 1

Full Name(Required)

Contact number(Required)

Date of Birth

Email address(Required)

Postal address

Residential address

Forwarding address if known

VENDOR 2

Full name

Contact number

Date of Birth

Email address

Postal address

Residential address

Forwarding address (If known)

Is this sale due to a breakdown in relationship?

If yes, have you appointed a Solicitor to assist you? Please note the company name contact number and contact email address below:

Is there an agreement in place as to distribution of funds? Please forward a copy of the agreement to our email.

IF THE PROPERTY IS HELD IN A COMPANY/TRUST

Name of Company

ACN/ABN

Directors full names

Address

If the property is held by a trust, please provide our a office copy of the trust Deed

Max. file size: 2 MB.

Name of Trust

Trust type

Beneficiaries of the trust

Trust ABN

PROPERTY DETAILS

Property Address(Required)

Type of Property(Required)

Type of Sale(Required)

Expected sale price(Required)

Is there a separate title for the carpark or accessory lot?(Required)

Yes

Do you have a registered mortgage over the property?(Required)

Yes

Bank(Required)

Contact name if you have a direct contact

Loan Account Number

Balance owing on loan

In addition to your loan, are there any other payouts/accounts to be paid at settlement? (i.e car loans, solar panels, credit cards)

Please note, If you have a business loan, you are required to contact your business banker directly to initiate a discharge of mortgage.

If no, who holds the original title?

Do you require an early release of deposit?(Required)

Yes

Please note, there is no guarantee. If you are reliant on these funds, please contact our office immediately to discuss options.

Is there a caveat registered on this title?
Yes
No

Who lodged the Caveat?

What grounds was the Caveat Lodged?

Have you appointed a real estate as yet?
Yes
No
Please confim the following

Real Estate(Required)

Contact Name(Required)

Mobile

Email

Is the property tenanted?(Required)
Yes
No

If yes, we require a copy of the tenancy agreement. Please provide our office with details of the property manager or alternatively forward a copy of the current lease agreement.(Required)
Max. file size: 2 MB.

Utility connections

Gas connected(Required)
Yes
No

Bottle gas connected(Required)
Yes
No

If yes, do you have an agreement with a gas company?

Electricity connected(Required)
Yes
No

Sewer connected(Required)
Yes
No

Septic connected(Required)
Yes
No

Water connected(Required)
Yes
No

Telephone connected(Required)
Yes
No

Do you have any agreements or licences affecting the property?(Required)
Eg: Water licences agreement, unused road licence, water surface agreement, trunk service agreement, agriculture licence
Yes
No

If yes, please provide our office with all relevant details.
Drop files here or
Max. file size: 2 MB.

Fixtures/Chattels

Are there any items at the property that the purchaser may consider a fixture that you will be removing at settlement? If so, please provide a detailed description of the items below and ensure that you also discuss this with your real estate agent.(Required)
You should consider what is included in the sale. Fixtures are included in the sale. A fixture is something which is so affixed to the property that damage would be caused to it or the property if it were removed. For example: plants, a built-in wardrobe or dishwasher. Chattels are not included in the sale. Chattels are things that can be easily removed without damage, for example, a free-standing washing machine. The contract includes all improvements and fixtures, together with whatever chattels are listed in the contract. The purchaser is entitled to the property, improvements, fixtures, and all specified chattels at settlement in the same condition as inspected, fair wear and tear expected. If there is an item that is permanently fixed to the property that you wish to take with you (i.e TV wall brackets), you would be wise to specifically exclude that in the contract.

Does the property include a swimming pool or spa?(Required)
Yes
No

If yes, have you obtained the required compliance certificate and registered the swimming pool/spa with the council?(Required)
Yes
No

If yes, please provide our office with a copy of the registration and compliance certificate(Required)
Max. file size: 2 MB.

Do you have smoke detectors fitted to your property?(Required)
Yes
No

Are there any party/common walls affecting your property?(Required)
Yes
No

Does anyone else have right to occupy the property?(Required)
Yes
No

Is the property included in the urban growth zone?(Required)
Yes
No
Unsure

Are you aware of any carriageway or drainage easements over the property?(Required)
Yes
No

Are there any unregisterd easements existing over the property?(Required)
For example, your next-door neighbour regularly uses part of your driveway to access his property or easements to the Council or Water Board.
Yes
No

As far as you are aware, are any drains, sewers, telephone lines etc, contained within normal locations?(Required)
Yes
No

Are you aware of any discrepancies between the title boundaries and the fences?(Required)
Yes
No

Have any notices or planning permits been issued affecting the property from any government bodies or neighbours?(Required)
This includes any Planning Permit Applications by you or your neighbour, Road Works, Fencing, Footpath or Family Law Matters, Outstanding Debts, Level Crossing Removals etc.
Yes
No

If yes, please provide a copy as these notices must be complied with prior to settlement.(Required)
Max. file size: 2 MB.

Is there anything happening in the area which Purchasers might regard as relevant, i.e. a large apartment block is to be constructed in near proximity to your property?(Required)
Yes
No

If yes, please provide all relevant details below:(Required)

BUILDING WORKS & APPROVALS

What is the approximate age of the building?(Required)

If your property is under 7 years old, we require the following: builders' insurance/warranty certificate of occupancy/final inspection.
These may have been provided to you via email from your builder. If not, you can contact your builder directly to obtain copies.
Drop files here or
Max. file size: 2 MB.

Are there any structures built over any easements?
Yes
No

If yes, please provide copies of consents from relevant government bodies.
Max. file size: 2 MB.

In the last 7 years, have YOU OR A PREVIOUS OWNER obtained a permit to erect a dwelling/unit, pergola, verandah, garage, carport, shed, wood heater, extension, swimming pool, fence or any other matter that has required a building permit?(Required)
Yes
No

If yes, we require copies of the following: Builders' insurance/warranty, Certificate of occupancy/final inspection & Building Permit(Required)
If you believe any of the above has been built by a previous owner, please provide us with a copy of the Vendors Statement from the Purchase of the property. If you are unable to locate the relevant documents, please contact our office to discuss further.PLEASE NOTE: The Victorian Government has amended the Sale of Land Act 1962 to include a new requirement that vendors or agents must not knowingly conceal a material fact about a property.
Max. file size: 2 MB.

OWNER BUILDER WORKS - PLEASE READ CAREFULLY

Is your name on the Building Permit as the owner and also the builder?(Required)
Yes
No

Have you constructed, renovated, repaired, or done any works (structural or non-structural) without permits within the last 7 years?(Required)
Yes
No

IF YOU HAVE CONSTRUCTED OR RENOVATED ANYTHING WITHOUT A PERMIT, YOU ARE ALSO AN OWNER BUILDER AND YOU MUST ADVISE OUR OFFICE OF THE WORKS.

Please outline ALL the works you have done or had done at the property this includes all improvements repairs renovations or works:(Required)
NOTE: If you are an owner-builder and do not comply with the strict disclosure requirements, then the Purchasers could withdraw from the purchase right up to the date of settlement.

The Building Act and Sale of Land Act are quite vague and even quite minor works which do not require a permit could be considered 'owner-builder' works. In most situations it is prudent to include an Owner Builder Report in the Section 32.

All owner builders and renovators are required to provide the purchasers with Owner Builder Warranty Insurance if the value of the works are over $16,000.00. If you do not have warranty insurance, the Purchaser CAN withdraw from the Contract at any time prior to settlement.
You are legally required to provide a Defects Inspection Report pursuant to Section 137B of the Building Act 1993 which details any defects in materials or workmanship and any incomplete works. This report is required REGARDLESS of COST of WORKS if the works are less than 7 Years Old. (taken from the date of the Certificate of Occupancy or Final Inspection.)

This report is only valid for a period of 6 months prior to Contract Date, if you have not sold within this period, you must obtain a new report. All reports must be undertaken and included in the Vendors Statements before Contracts are signed.
If you do not comply with this requirement or provide an out-of-date report, the purchaser could withdraw from the Contract at any point up until settlement and seek legal action against you for any damages incurred.
We recommend contacting the one of the following companies to arrange said Defects Report:

The Home Inspection Hub - 1300 071 283
Joe Borg - Joe Borg Building Inspections - 0410 545 454
Buildsafe Insurance Brokers Pty. Ltd (for insurance purposes) - 1300 763 016

OWNERS CORPORATION/BODY CORPORATE

If yes, please provide the following details:

Are there more than two units on the plan/property?(Required)
Yes
No

Owners Corporation Manager

Address

Contact Number

Email address

Are you aware of any Special Levies/ Notices issued on the property?(Required)
Yes
No

If yes, please outline details:

Note: If the plan comprises of more than two lots, and there is an active owners corporation, an owners corporation certificate MUST be provided to the purchaser. The owners corporation manager is entitled to charge a fee for this certificate at a cost of between $185.00 and $350.00, depending on the priority level/urgency. We will order this from the Manager, for inclusion in the Section 32.

If there are more than two units on the property and you do not have a formal Owners Corporation, you are still required to provide an Owners Corporation Certificate and Insurance in the Owners Corporation Name over the common land. All properties with Common Property must have a current Public Liability Insurance in place for not less than $10 million. If a property is sold without the required insurance in place prior to sale, a purchaser can void the Contract any time up until Settlement.

Further information can be found by clicking on the following link: Insurance - owners corporations - Consumer Affairs Victoria (Ctrl + Click)

INSURANCE

Do you have insurance for the Building?(Required)
Yes
No
Yes, with the Owners Corporation
NOTE: The property will remain at your own risk until settlement date, therefore, do not cancel any insurance until settlement has been effected.

MATERIAL FACTS

PLEASE NOTE: The Victorian Government has amended the Sale of Land Act 1962 to include a new requirement that vendors or agents must not knowingly conceal a material fact about a property.

Are you aware if the property has previously been through any significant events such as flood, bushfire or have any history of pesticide use?(Required)
Yes
No

Are you aware of any combustible cladding or asbestos in/on the property or dwelling?(Required)
Yes
No

Are you aware if this property has previously been used as a drug lab?(Required)
Yes
No

Are you aware of any incidents at the property including a death or major crime?(Required)
Yes
No

Have you installed solar panels? Are these still currently under finance?(Required)
Yes
No

If yes, please provide copy of the contract so that we can ensure this is paid at settlement and/or have a Special Condition written in the Contract of Sale.
Max. file size: 2 MB.

SIGNING

ACKNOWLEDGEMENT

By returning these Sale Instructions to Top Tier Conveyancing Pty Ltd trading as Top Tier Conveyancing, I/we am/are engaging Top Tier Conveyancing 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 Top Tier Conveyancing receives this form back and I/we agree to pay Top Tier Conveyancing payment of their account for the all work done on the Sales Documents in accordance with Top Tier Conveyancing's "Cost Disclosure", which I/We have received, read and understood.

I/we agree to secure payment by hereby granting a charge of all my/our right title and interest in the subject property of these Instructions.

I/we authorise you to commence preparation of the Section 32 Vendor Statement and any other Documents also required and instructed above, for example, also a Contract of Sale, (and if required a "Self-Managed" Owners Corporation Certificate for the property being sold), based on, relying and disclosing (even if potentially in conflict with the Privacy Act, 1988) the information supplied by me/us in this Questionnaire.

By signing this form I/we agree for the preparation of the Sales Documents for the Sale of this Property and other Vendor attendances described and/or indicated above.

YOU ACKNOWLEDGE and AGREE:-

A. The Contract of Sale and Section 32 Vendor Statement will be prepared based on the contents of these Sale Instructions, but can become invalid after time;

B. Whilst there is no absolute strict time limit, the chances increase significantly after 2-3 months and many Purchasers will not rely any Search or Certificate or any other part of a Section 32 Vendor Statement it is older than three months or if they or you know that the circumstances have changed in relation to the property;

C. That you will notify us by telephone and then e-mail if any matter raised in these Instructions changes between now and completion of Settlement (please keep a copy and review it just before signing to Sell your Property);

D. The information in the Section 32 Statement must be true, correct, complete and not misleading as at the Day of Sale,

E. The purchaser may be entitled to avoid the contract if the information in the Section 32 Vendor Statement is untrue, incorrect, incomplete or misleading as at the Day of Sale, and

F. That Top Tier Conveyancing can and will rely on the truth, accuracy and completeness of the Information I/we have provided herein, and our I/We hereby indemnify Top Tier Conveyancing, and agree to keep Top Tier Conveyancing indemnified in relation to the above and any matter arising from reliance on these Sale Instructions.

Vendor 1 Signature(Required)

Vendor 2 Signature

Date

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