template - buyer first letter

8/11/2019 Template - Buyer First Letter

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#

#Name##

Dear #,

MATTER - # PROPERTY: #

You have engaged us to act on your behalf in the purchase of the above property.

#[contact], under the supervision of #[solicitor, will have the day to day conduct of the legal mattersrelating to your purchase.

1. DOCUMENTS ATTACHED TO THIS LETTER

We enclose the following!

• "ontract with $%&D 'orm ()c #[*'+

• -awyers "ertificate $%&D 'orm (/a

• 0uestionnaire

• "hec1list

• 2esidential "onveyancing 3oo1let for 3uyers+ “the Booklet”+

• #[4$5*4N%-]Declaration to obtain first home6first home vacant land transfer concession

• 5itle search -ot+

• "opy of registered plan

• #[any.

#[4$5*4N

• Disclosure 7tatement accompanied with a copy of the "ommunity &anagement 7tatement

• 5itle search "ommon $roperty+

• "opy of the registered "ommunity &anagement 7tatement "57 No. 888.. 9"&7:+.

BUYER FIRST LETTERThis letter is only or !se:

"$ %ith the REI& 'o!se n( Ln( )ontr*t +th E(ition or %ith the REI&)ontr*t or Resi(entil Lots in )o,,!nity Title S*he,e th E(ition.n(

"/$ or *ontr*ts or,e( ro, 0e*e,/er 1233. n("*$ /y l% ir,s ins!re( /y Le4on Ins!rn*e Pte Lt( "5Le4on6$ n( not or

7!/li* *ir*!ltion or or !se /y ny other thir( 7rty or ir, %itho!tLe4on6s 7rior %ritten 77ro8l9

ISTRU)TIOS TO USER5his is an interactive letter.*t contains!• prompts to complete # ! what needs to be completed.

• alternate o tions # ! delete those which do not a l .



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2. CONTRACT INFORMATION

We confirm the details of your purchase are as follows!

2eal $roperty Description -ot # on 2$67$ #"ounty # $arish # -ocal ;overnment # 5itle2eference #

7treet address #

7eller #

3uyer #

3uyers address #

3uyers 5'N # *f the deposit is to be invested please confirm6let us 1nowyour ta< file number.

$urchase $rice #

Deposit 5he deposit amount is # which must be paid by #.

Deposit holder #

'inance 5he contract #[is6issub=ect to finance. 5he 'inance Date is #.

3uilding6$est *nspections 5he contract #[is6is sub=ect to a building6pest inspection. 5he*nspection Date is #.

$ool 7afety 5he contract #[is6issub=ect to a pool safety inspection. 5he

$ool 7afety *nspection Date is #

7ettlement Date 7ettlement under the contract is due on #.

-ease6tenancy details 5he property #[is6is being sold sub=ect to a tenancy.

*ncluded "hattels #

><cluded 'i<tures #

>ncumbrances #[><plain

$resent ?se 5he contract states the $resent ?se of the property is#[$resent.

7pecial "onditions #

$urpose of $urchase $lease confirm you are purchasing the property #[as

3. CRITICAL DATES

We have calculated the following important contract dates.

5ime is of the essence in your contract, which means that you must meet the deadlines forperformance set out in the critical date schedule below.



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'ailure to meet the time deadlines could have significant adverse conse@uences for you, fore<ample, the seller may, in some circumstances, be entitled to terminate the contract, forfeit yourdeposit and claim damages.

*f you do not agree with our calculation of critical dates please tell us immediately. We will diarisethe dates.

We suggest you also diarise the dates because it is your responsibility to ta1e action where notedbelow!

#[N45>

Ite, 0!e 0te ;ho is res7onsi/le to *tion < B!yer orL%yer=

4ption e<ercise date # You must give instructions. We will give thenotice.

"ontract Date # Date to be noted by all.

$ayment of deposit by

• *nitial deposit

• 3alance Deposit

#

#

You must pay initial deposit.

You must pay balance deposit.

#[4$5*4N]*f you have not already paid anyinstalment of the deposit, please provide to us or the Deposit Aolder a che@ue for the amount duemade payable to the Deposit Aolderimmediately.

><piry of cooling off period # *f you have any concerns about your propertyyou should tell us in the cooling off period.

You are entitled to terminate in the cooling offperiod but if you do the seller may deduct thetermination penalty of )./BC of the purchaseprice from the deposit.

*f you terminate and later decide you would li1eto purchase the property, there is a ris1 that theseller will not be willing to re!enter into a

contract with you.*f you decide to terminate then you must give usinstructions to terminate before e<piry of thecooling off period, allowing sufficient time for usto give notice.

3uilding and pest inspectiondate

# You must obtain the building and pest inspectionreport and tell us whether it is satisfactory,preferably on the day before the inspection date,however, if this is not possible, by /noon on theinspection date to allow sufficient time for us togive notice.

$ool 7afety *nspection Date # You must obtain a pool safety inspection and tellus whether or not a $ool 7afety "ertificate is in



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effect and if not, whether you wish to waive thebenefit of the condition, or wish to terminate thecontract on the grounds that you are notsatisfied with the results of the inspection.

You must tell us the day before the due date,

however, if this is not possible, by / noon onthe $ool 7afety *nspection Date to allowsufficient time for us to give notice.

'inance date # You must apply for finance and tell us whetherfinance approval is satisfactory, preferably onthe day before the finance date, however, if thisis not possible, by /noon on the finance date toallow sufficient time for us to give notice.

Due diligence date # You must tell us whether or not you are satisfiedwith due diligence preferably on the day before

the due diligence date, however, if this is notpossible, by / noon on the due diligence dateto allow sufficient time for us to give notice.

*f a unit F last day to terminatefor deficiency in disclosure orbreach of implied warrantiesunder the contract

# 2efer section ) for e<planation of terminationrights in relation to deficiencies in the disclosurestatement.

*t is recommended that you instruct usimmediately after the contract date to underta1ea body corporate search to ascertain if there isany breach of the warranties given by the seller

in relation to any defects, body corporateliabilities or other affairs of the body corporateli1ely to materially pre=udice you.

*f a breach is discovered, and you wish to relyupon the breach to terminate the contract youmust instruct us before this date to give notice inwriting to the seller terminating the contract.

Date for payment of transferduty

# You must provide cleared funds or a ban1che@ue for payment of duty and if applicable+declaration for first home concession by this

date. 7ee paragraph Gd+ 5ransfer Duty+ for theamount.

7ettlement date # We will arrange settlement F You areresponsible to!

• do everything your ban1 re@uires forsettlement and

• provide any additional funds re@uired forsettlement. Note that any additional fundsyou provide to us must be cleared funds.

You should tell us prior to settlement of anyarrangements. 7ee paragraph (.H of the3oo1let for further e<planation.



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4. WHAT DO YOU NEED TO DO NOW?

a+ Re( this letter n( the Booklet

$lease read the information in this letter and the attached 2esidential "onveyancing 3oo1letfor 3uyers “the Booklet”+ as soon as possible. 5he 3oo1let contains important informationabout the conveyance and if you have any @ueries or @uestions about any of the informationprovided to you, please call us.

b+ #>OnlySi?n )ontr*t

*f there are any matters of particular concern in relation to the contract then you should let us1now prior to signing, as we may be able to negotiate the inclusion of a special condition inthe contract.

*f, after considering the matters raised in this letter you wish to proceed with the purchase,

then please sign the contract by following the steps set out in the attached chec1list andreturn all documents and a che@ue payable to 9#[deposit: for the deposit to our office.

We will then submit the contract for e<ecution by the seller and send the deposit to thedeposit holder.

Note that the contract is not binding until it has been e<ecuted by both the buyer and theseller and acceptance communicated, generally by return of the e<ecuted contract.

"*$ Ins!rn*e

5he property will be at your ris1 from B))pm on the first business day after the contract date.

We therefore recommend that you immediately arrange insurance cover so that it is in placefrom when the property is at your ris1. 5o ascertain what should be covered by insurancerefer to the e<planation on insurance in the 3oo1let.

"($ &!estionnire

%nswer the @uestionnaire and return it to us as soon as possible.

"e$ )he*klist

2ead the chec1list. *f you dont attend to some of the matters in the chec1list you may not beable to complete the contract on time and may give the seller an ability to terminate the

contract, delay settlement or claim for damages from you.

"$ @enerl

$lease!

• help us by giving clear instructions

• tell us if you have any concerns about your matter or the property

• let us 1now if your contact phone number, email or address changes.

You must be contactable at all times during the course of this matter.



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5. IDENTITY

We are re@uired to obtain proof of your identity unless you have previously provided this to us.$lease forward copies of two forms of photo identification e.g. drivers licence, passport or otheridentification card+ to us for our records.

#[4$5*4N

*f the contract is to be signed by an attorney, please forward a copy of the power of attorney andconfirm that it has been registered and has not been revo1ed. [Note to author F ma1e sure youobtain original6registered $4%.]

#[4$5*4N

*f you are purchasing as the trustee of a trust, then please forward the original trust deed to us aswe will re@uire it for registration purposes.

6. SEARCHES AND SELLER’S DISCLOSURE

We underta1e various searches to establish whether the seller has complied with its disclosureobligations and that the warranties in the contract are correct. We underta1e initial searches andthen during the course of the conveyance carry out further searches.

"$ Res!lt o initil ser*hes

We have conducted the following initial searches!

• Title ser*h "lot$ ! #[4$5*4N5his search confirms!

that the seller is the registered owner of the property

the title details in the contract match the search results and

there are no undisclosed encumbrances and6or other interests registered on the

title to the lot, e<cept for!

o a mortgage registered no. # to # 3an1. We will re@uire a release of thismortgage at settlement

o [other].

[Note to author F consider ll encumbrances recorded on title, for e<ample, mortgage,lease, easement, building management statement, caveat, settlement notice, profit Jprendre, covenant, writ or warrant of e<ecution.]

• #[*f )o,7ny ser*h o seller F 5his search confirms the name of the seller and %"N

accords with that stated on the title to the property. #[Detail

• Re?istere( Pln F5he registered plan shows the lot you are purchasing, highlighted. Weconfirm the area of the lot is #. $lease initial the plan where indicated and return it tous to confirm this is the correct lot. *f it is not the correct lot, please tell us immediately.

• A(,inistrti8e A(8i*es ! #[*f [Note to author ! You must thoroughly investigate all

administrative advices and advise your client of any rights or obligations that arisepursuant to the administrative advice. 'or e<ample, an administrative advice maydisclose that land is declared to be ac@uisition land under the Queensland



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$lease contact us immediately with details of any disputes, notices, applications ororders relating to dividing fences or trees given to you or of which you are aware sothat we can advise how they will affect you and what remedies you may have. 7ee3oo1let for further information.+

• #[4$5*4NTitle ser*h "*o,,on 7ro7erty$ F

• #[4$5*4N5his search confirms!

there is no mortgage registered over the title to the common property

there are no undisclosed encumbrances registered over the title to the common

property which adversely affect the lot

• )o,,!nity Mn?e,ent Stte,ent F 5he "&7 registered for the scheme!

states that the regulation module which applies to the scheme is #

specifies the contribution schedule lot entitlement 9"7->:+ is # and the

aggregate "7-> is #

specifies the interest schedule lot entitlement 9*7->:+ is # and the aggregate

*7-> is #

#[if for a scheme established prior to E6E6/), where "7-> are not e@ual,

contains an e<planation in 7chedule % as to why "7-> are not e@ual ifestablished before E &arch /))(, no e<planation is re@uired+

#[*f for a scheme established on or after E6E6/), or an ad=usted scheme!

%+ in respect of "7-> states!

+ that the "7-> are calculated on the # [e@uality6relativity]principle and

/+ # if e@uality principal and not e@ual F e<plains that the "7->are not e@ual for the following reasons #.

# if relativity principle ! includes sufficient detail to show howcalculated.

3+ in respect of the *7-> states # [that the *7-> reflect mar1et values] 6[that the *7-> do not reflect mar1et values for the following reasons#].

sets out the by!laws in 7chedule "

specifies the following as body corporate assets!

#

#[delete specifies e<clusive use by!law #[refer.

We recommend that you read the detailed e<planation of these items in the 3oo1let.

"/$ Pool Sety



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2efer to the 3oo1let for an e<planation on pool safety and what constitutes a pool.

#[4$5*4N $lease tell us whether there is a pool on the property, or if a unit, a shared pool onthe scheme land.

#[4$5*4N 5here is no pool on the property or on scheme land and you do not need to

consider pool safety.

#[4$5*4N 5here is a pool on the property and the seller has given or promised to give you a$ool 7afety "ompliance or ><emption "ertificate. 5here are no re@uirements under thecontract in relation to pool safety, however, if the seller has not or does not give you a current$ool 7afety "ompliance or ><emption "ertificate at or prior to settlement you are entitled toterminate the contract.

#[4$5*4N 5here is a pool on the property however, the answer to the @uestions in thecontract are #not. 5his means that on or before the pool safety inspection date you need toobtain a pool safety inspection and tell us whether!

• a $ool 7afety "ertificate is in effect

• you wish to waive the benefit of the condition or

• you are not satisfied with the results of the inspection and wish to terminate the contract.*f so, please send us a copy of the pool safety inspection report as we will need todetermine whether your decision is reasonable prior to terminating the contract.

#[4$5*4N *f there is no pool on the scheme land you have no further obligations. *f there isa pool on the scheme land, we need to underta1e a search to determine if a $ool 7afety"ompliance or ><emption "ertificate is in effect. *f a $ool 7afety "ompliance or ><emption

"ertificate is not in effect, the body corporate must obtain one.

"*$ ;ht ser*hes sho!l( /e o/tine(=

We have set out in 5able of the %nne<ure a list of searches that we recommend youunderta1e in respect of the property “Stn(r( Ser*hes”+.

We have set out in 5able / of the %nne<ure some additional optional searches for you toconsider “O7tionl Ser*hes”+. $lease immediately telephone us or return 5able /4ptional 7earches duly completed, if you would li1e us to underta1e any of these 4ptional7earches on your behalf. *f we do not hear from you in this regard we will assume that youdo not want us to underta1e any of the 4ptional 7earches and we will only underta1e the

7tandard 7earches on your behalf.

*f there are matters regarding the property of particular concern or importance to you or yourfinancier then you should discuss this with us so that we can determine whether appropriateinvestigations can be made.

"($ ;hen sho!l( %e *rry o!t ser*hes=

We have recommended that searches be ordered at the time shown in the table which maybe prior to satisfaction of the building6pest inspection and finance dates under the contract. %lthough there is a ris1 that the cost of the searches will be wasted if the contract doesntproceed, the searches ought to be ordered as suggested to ensure search results are

available prior to settlement.

#[4$5*4NWe confirm your telephone instructions that we should proceed to underta1e thesesearches immediately.



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#[4$5*4NWe confirm your telephone instructions that we should wait until # to underta1e thesearches. We confirm our telephone advice that there are real ris1s in holding off becausesome of the search results may not be received in time for you to ta1e advantage of therights under the contract regarding termination and compensation. We strongly re@uest thatyou reconsider this decision and if upon consideration you change your mind, pleasetelephone us immediately so we can instigate the searches as soon as possible.

"e$ ;ht i there re iss!es %ith the ser*h res!lts=

Note that despite underta1ing certain in@uiries which may reveal adverse impacts on theproperty, you will not be able to terminate the contract in all cases. 'or e<ample, thediscovery of unapproved structures or flooding does not give you a right of termination or aright of compensation from the seller. We have highlighted those searches in 5ables and /which do not give rise to termination or compensation rights under the contract. Despite this,searches are still underta1en so that you are aware of your legal obligations and wellinformed of the condition of the property.

7. LAWYER'S CERTIFICATE - PROPERTY AGENTS AND MOTOR DEALERS ACT 2000

(AMDA! NOTE " A LAWYER MUST #I$E THE AD$ICE %Y HONE OR IN ERSONAND CAN THEN SEND THE LAWYER’S CERTIFICATE

We are re@uired under $%&D% to provide you with a -awyers "ertificate.

We confirm that!

a+ our firm is independent of the seller, the sellers agent and anyone else involved in the saleor promotion of the sale or provision of a service in connection with the sale of the propertyand that our firm does not have a business, family or other relationship with any of thosepersons

b+ our firm has not received and does not e<pect to receive a benefit in connection with the saleor for promoting the sale or for providing a service in connection with the sale of the propertyother than professional costs and disbursements payable by you and

c+ we have e<plained to you the purpose and nature of the certificate namely!

i+ to show that we do not have any relationship with the seller or any of the other partiesspecified in item a+ above and

ii+ we will not be receiving any benefit from the sale, other than the payment by you of our professional costs and disbursements associated with acting for you in theconveyance.

&. AMDA COMLIANCE - REFER AMDA CHECLIST

$%&D% re@uires that a certain process be followed and certain directions be given by a seller inthe formation of a contract.

#[4$5*4N ! "4N7*D>2 WA>2> *N*5*%- D>-*L>2Y A%7 4""?22>D 42 "4N52%"57*;N>D ! $%&D% $24">77 "4&$-*%N5! ]

We confirm that on the face of the contract documents and the information provided to us the$%&D% re@uirements for entering into a relevant contract appear to have been complied withbecause!

a+ a $%&D 'orm ()c Warning 7tatement which complies with $%&D% has been properlyattached at the time of signing



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b+ #a 3""& 'orm E *nformation 7heet which complies with the 3""& %ct has been properlyattached and

c+ the seller properly directed your attention to the Warning 7tatement, #[and and the proposedrelevant contract when giving the proposed relevant contract to you or

d+ termination on the grounds of $%&D% non!compliance is barred because! #[4$5*4N

i+ you have signed the Warning 7tatement #[and and ac1nowledged you have done sobefore signing the relevant contract and6or

ii+ more than G) days has elapsed from the day you received the relevant contract.

#[4$5*4N / F "4N7*D>2 WA>2> *N*5*%- D>-*L>2Y A%7 4""?22>D 42 "4N52%"57*;N>D ! $%&D% "4&$-*%N"> N45 43L*4?7 ! W> N>>D &42> *N'42&%5*4N]

*t is unclear from the contract documents provided to us whether the $%&D% re@uirements forentering into a relevant contract have been complied with. We need more information from you.

5here is a G) day time limit from the date the buyer receives a copy of the relevant contract on orbefore which any rights you have to terminate must be e<ercised. $lease therefore telephone#[solicitor on #[telephone immediately to discuss.

#[4$5*4N ( F "4N7*D>2 WA>2> *N*5*%- D>-*L>2Y A%7 4""?22>D 42 "4N52%"57*;N>D ! N45 $%&D% "4&$-*%N5 ! chec1 cautiouslyM]

*t would appear on the face of the contract documents and information provided to us that theseller has not complied with the re@uirements of $%&D%. We come to this conclusion because!

#[7tate and

#[the

*n light of the above it would appear that under the law as it currently stands, you may be entitledto terminate the contract based on the sellers nonFcompliance with $%&D% before you ta1e anyfurther action in the conveyance.

% decision to terminate the contract based on non!compliance with $%&D% is a serious decisionand you need to consider the following!

a+ 4ur advice is based upon the information which is available to us at this time. 5here may beother documents or other actions which have been ta1en for e<ample by the agent+ that

would rectify the $%&D% deficiency that we have identified.

b+ *f contemplating termination it would be prudent to give us instructions in writing as soon aspossible. Your right to terminate will be lost if!

i+ you do not act within G) days after receiving a copy of the relevant contract or

ii+ settlement ta1es place or

iii+ you ta1e further steps in the conveyance which are sufficient to waive your right toterminate.

c+ We cannot predict whether the law, its interpretation by the courts or any future actions in theconveyance will affect your rights, and, in turn, your ability to terminate the contract at a laterdate.



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d+ You may also incur additional professional fees not included in the scope of our retainer if theseller disputes your right to terminate or you need to recover the deposit and those fees, or aportion of them, may not be recoverable.

#4$5*4N E F "4N7*D>2 WA>2> *N*5*%- D>-*L>2Y A%7 4""?22>D, "4N52%"5 N457*;N>D F N45 $%&D% "4&$-*%N5

*t would appear on the face of the contract documents and information provided to us that theseller has not complied with the re@uirements of $%&D%. We come to this conclusion because!

#[7tate and

#[the

Where the proposed relevant contract is not yet signed and the sellers offer does not comply with$%&D%!

a+ the seller has the option if the seller becomes aware of the non!compliance+ to withdraw the

proposed relevant contract and

b+ you have the option of not proceeding.

*f you do intend to proceed with the purchase your options are!

a+ proceed with e<ecution by following the directions in the chec1list. *n such case, #[4$5*4Nby signing the Warning 7tatement, #[and you negate any right to terminate that you mayhave had

#you may have an ongoing right to terminate the contract as a result of the $%&D% non!compliance we have identified, however, because you are ta1ing further steps in the

conveyance, you should not assume any right to terminate will continue to e<ist or

b+ notify the sellers solicitor of the non!compliance with $%&D% and see1 rectification,however, because the seller is not obliged to resubmit the contract you may not be able toproceed.

$lease telephone us to discuss immediately.

#4$5*4N B ! "4N52%"5 N45 7*;N>D ! *N D2%'5 4N-Y

5he proposed relevant contract has been submitted to us as a draft for your consideration. We willneed to ensure that the $%&D% process is complied with in e<ecution of the proposed relevant

contract.

. RETAINER) ROFESSIONAL COSTS AND E*ENSES

"$ Retiner

5he wor1 we will perform for you is set out #4$5*4N. #

4ur retainer includes all matters which are usual and necessary as part of the conveyancingprocess.

4ur retainer does not e<tend to matters which are beyond the attendances which are usual

and necessary in the conveyancing process. % list of the matters we do not consider to beusual and necessary as part of the conveyancing process are included in the 3oo1let.



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"/$ Proessionl *osts

#[4$5*4N4ur professional costs for the wor1 specified in our retainer are!

# plus ;75.

*f any issues arise which are outside the scope of our retainer we will charge additional feeson a time basis according to our usual hourly rates.

#[4$5*4N

4ur professional costs are set out in our costs disclosure and retainer.

"*$ O!tlys

We estimate that we will incur #[amount] in search fees and sundry costs o!r o!tlys+ onyour behalf.

$lease immediately forward a che@ue to our office in the sum of #[amount], to cover ouroutlays. 5he che@ue should be made payable to 9# 5rust %ccount:.

%lternatively, you can deposit this amount to our trust account. 4ur trust account details areset out in the chec1list.

"($ Trnser 0!ty

#[4$5*4N5ransfer duty based on the assumption that the property will be your first principalplace of residence+ is #. $lease advise if this assumption is incorrect. 7ee 3oo1let forfurther information.

You will need to sign the enclosed declaration for first home transfer concession before aOustice of the $eace or a 7olicitor. We as1 that you read the information that has beeninserted to ensure that the details are correct. You must return the signed declaration to uson or before the date for payment of duty to enable us to assess and pay the duty by the duedate.

#[4$5*4N 5ransfer duty based on the assumption that the property is vacant land and willbe used to construct your first principal place of residence+ is #. $lease advise if thisassumption is incorrect. 7ee 3oo1let for further information.

You will need to sign the enclosed declaration for first home vacant land transfer concessionbefore a Oustice of the $eace or a 7olicitor. We as1 that you read the information that has

been inserted to ensure that the details are correct. You must return the signed declarationto us on or before the date for payment of duty to enable us to assess and pay the duty bythe due date.

#[4$5*4NWe note that you are purchasing the property #[as. You will be unable to claimany transfer duty concessions in this instance. 5ransfer duty calculated on this basis is #.$lease advise if our assumptions are incorrect.

[for 4$5*4N7 ,/ P(]

Duty must be paid and the transfer stamped by the earlier of!

• () days from when the contract becomes unconditional or

• settlement if obtaining finance+.



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4ur calculation of the date for payment of duty is in the critical dates F refer clause ( of thisletter.

$enalty interest accrues daily if the contract is not stamped on time.

7o that we can comply with this re@uirement we as1 that you forward to us a bank cheque in

the amount of # made payable to the 9"ommissioner of 7tate 2evenue: and the declaration#[D>->5>no later than #.

*f you are purchasing the property as an undisclosed trustee or on behalf of another entity,you must let us 1now so that we may consider whether any other documents to register orrecord your interest are re@uired. 5here can be significant ta< and duty implications arisingfrom any such transactions and, unless specifically instructed, advice about this is beyondthe scope of our engagement.

"e$ Re?istrtion Fees

2egistration fees payable to the Department of >nvironment and 2esource &anagement on

the purchase will be #[registration.

#[4$5*4NYour financier will lodge the transfer for registration along with the mortgage yougrant in favour of the financier. 5he financier will either see1 payment of these fees from youdirectly or charge them to your loan account. You should follow up your ban1 one monthafter settlement to ensure the transfer has been registered.

#[4$5*4N3ecause you are not obtaining finance to complete the transaction, we will lodgethe transfer for registration following settlement. You will need to provide us with a che@uepayable to 9Department of >nvironment and 2esource &anagement: in payment of theregistration fees. %lternatively, you can deposit cleared funds to our 5rust %ccount inpayment of those fees, when providing us with the duty or settlement funds.

1+. ,OTIONRE$IEW OF %CCM DISCLOSURE STATEMENT

#[4$5*4N

We have reviewed the disclosure statement provided with the contract and note!

• the disclosure statement appears substantially complete

• a copy of the "&7 #[did6did accompany the disclosure statement

• the details contained in the disclosure statement including "&7 accompanying thedisclosure statement+, when compared to the registered "&7 appear #[4$5*4N [accurate] 6[are different in the following respects #]. [Note to author if registered "&7 is different fromdisclosed "&7 you need to consider whether buyer is materially pre=udiced and terminationrights apply refer to the 3oo1let+]

• #[4$5*4N[if a specified / lot scheme, the person responsible for 1eeping records under thetwo!lot schemes module is #] 6 [the # secretary6body corporate manager is #]

• [Note to author F chec1 that this is correct F alter as necessary] the administration fund levypayable is #[....... 5his levy based on "7-> of # out of an aggregate of #, e<cept for theamount of [ 888. per 888..] for insurance, which is based on the *7-> of # out of an

aggregate of #



! B !

• the sin1ing fund levy payable is #[....... 5his levy is based on a "7-> of # out of anaggregate of #

• the disclosure statement #a statement that the "7-> and *7-> are set out in the "&7

• there #[are6areany improvements on common property for which you are responsible

• there #[are6are any assets recorded in the body corporate register

• the disclosure statement states that there is #[delete [a committee for the body corporate] 6 [abody corporate manger engaged to perform the functions of a committee].

• the disclosure statement #[is6is signed

• #[4$5*4NWe do not 1now whether the party who signed the disclosure statement wasproperly authorised. *f you want us to ma1e further en@uiries please contact us immediately.

*f the disclosure statement contains omissions or is inaccurate and you would be materiallypre=udiced if re@uired to complete the contract, then you may have rights to terminate. 5he timeyou have to terminate varies depending on the deficiency identified. 5he first of your terminationrights e<pires E days after a copy of the contract is received, therefore, if you wish to terminate,you must tell us immediately.

5he only way to verify all the information disclosed is to conduct a full search of the body corporaterecords. We therefore recommend that a full search of the body corporate records be obtained.

#[4$5*4NWe have not been given the disclosure statement. *f you have it in your possession,please forward it to us immediately. *f a disclosure statement has not been given, then you may beable to terminate the contract at any time up until settlement.

11. ,IFRE$IEW OF CARETAIN# AND LETTIN# A#REEMENTS

We have not underta1en a review of the careta1ing and letting agreements for the scheme on yourbehalf. 5his is not included in the scope of our retainer. $lease read our comments about thesedocuments in the 3oo1let and let us 1now if you wish us to underta1e a review of thesedocuments.

*f you have any @ueries about any of the matters raised in this letter please telephone #[contact] on#[contact.

Yours faithfully,



! I !

CHECLIST " WHAT DO YOU NEED TO DO NOW=

#[4$5*4N%-]$rior to signing the contract, or e<piration of the cooling off period, consider obtainingan independent valuation of the property.

#[4$5*4N*f satisfied with the property and you wish to proceed with the purchase!

• sign the buyers ac1nowledgement at the end of the 'orm ()c Warning 7tatement then

• sign the buyers ac1nowledgement at the end of the *nformation 7heet #[D>->5> then

• sign the ac1nowledgement of receipt of the disclosure statement #[D>->5> then

• sign the contract then

• if applicable+ sign other documents sent with the contract e.g. buyers ac1nowledgement ofcompliance with $%&D% and

• return all documents and a che@ue payable to 9#[deposit: for the deposit to our office.

%rrange insurance cover for the property. 'or further information see the 3oo1let.

Diarise important contract dates.

7end to us copies of your *D documents.

5ell us if you are a foreign person or trustee of a foreign trust.

5ell us your date of birth.

5ell us if you re@uire a higher level of town planning certificate standard or full+.

5ell us if there are matters of particular concern or importance regarding the property.

5ell us if you have any suspicions that the land may be contaminated.

"onfirm you have received the 7ustainability Declaration.

5ell us if you are aware of any disputes between the seller and neighbours regarding fencing ortrees.

5ell us if you are aware the seller has conducted wor1 on the property as an owner builder.

5ell us if there is a swimming pool on the property or on the scheme land and whether you areaware that a $ool 7afety "ompliance or ><emption "ertificate is in effect.

%dvise if you want us to conduct any 4ptional 7earches.

'orward to us a che@ue for #[amount] for part of our anticipated outlays, payable to 9#[firm 5rust %ccount:, or alternatively ma1e a deposit to our trust account. 4ur trust account details are asfollows!

#[insert.

#[4$5*4N%-"omplete enclosed 90uestionnaire: and return to us.



! H !

*nitial and return the enclosed plan to confirm highlighted lot on plan is the property beingpurchased.

#[4$5*4N%-]*f there is a tenant in the property you are buying, telephone to instruct us to obtaincopies of tenancy documents and ma1e in@uiries of seller regarding any tenancy.

%rrange building and pest inspection reports.

$rovide copy of building and pest inspection reports to us prior to due date and tell us if you aresatisfied with the reports.

&a1e finance application and sign and return all necessary loan application forms to your ban1immediately.

$rovide copy of 'inance %pproval to us prior to due date and tell us if you are satisfied with theterms of the approval.

*f purchasing as trustee, forward original 5rust Deed to us.

5ell us if you have a business or personal relationship with the seller or if the consideration for thesale is less than mar1et value this will have duty implications and will re@uire valuations forassessment purposes F 7ee 3oo1let+.

&a1e a note of when to provide a ban1 che@ue for the duty payable to 9"ommissioner of 7tate2evenue: for #[stamp.

*f the first home concession applies or you are entitled to a rebate on your first home or vacantland, complete and return the declaration to us.

%s1 ban1 when you will receive mortgage documents, ma1e a note to follow!up and when

mortgage documents are available, sign all mortgage documentation and give to your ban1.

&a1e a note of when to provide the balance funds due at settlement if balance purchase price notbeing provided wholly by financier+.

&a1e a note of when to provide che@ue for registration fees payable to 9Department of>nvironment and 2esource &anagement: for #[registration if not obtaining finance+.

&a1e a note to contact us closer to settlement to tell us whether we are re@uired to collect the 1eysat settlement or whether you will collect them from the agent following settlement.

5elephone us if you are going away with details on how we can contact you at all times while away.



! K !

AEURE

T/le 3 < Stn(r( Ser*hes

Ser*hEnC!iries Inor,tion Likely )ost A77ro7rite ti,e to*on(!*t ser*h

5itle 7earch lot+ 2eal property description, title reference,registered owner, encumbrances, registeredleases, caveats

K.G/ per search Now P on day of settlement

2egistered plan location of land, encumbrances K.G/ NowNoise "orridor 7earch FDepartment of $lanning and-ocal ;overnment

[email protected]+

*f the property is in a designated transportnoise corridor.

) Now

-ocal ;ovt. 2ates search 2ates information IH.)) "ontract signedta1es / business days+

-ocal ;ovt. 5own $lanningsearch -imited+ if a lot in"57, then 7tandard search

is recommended as per5able / 7ee 3oo1let fore<planation+. You must tellus if you want us to do the7tandard town planningsearch.

-imited search F summary of the provisionsof planning scheme and regulatoryprovisions applying, any designations

applying to the premises.

.)) "ontract signedta1es / business days+

-ocal ;ovt. sewerage anddrainage plans

$osition of sewerage and drainage pipes I.)) F private Pcouncil or no fee !included in 3""-ocal ;overnment2ates 7earch+/B.I) F Drainageplan only

"ontract signed

*f a pool ! $ool 7afety

2egister necessary if a poolconstructed+Department of -ocal;overnment P $lanning F7tate+

Whether a current $ool 7afety "ertificate is

in effect in respect of a pool

) "ontract signed

-and 5a< Whether the property is sub=ect to land ta<,if there are arrears and the amount ofarrears.

E.I( "ontract signed

0ueensland 5ransport and&ain 2oads $roperty7earch• 2oads

• $ort authority only ifon the river+

•

2ail

5ransport proposals currently approved by0ueensland 5ransport.

"urrent proposals and future intentions forroads.

/K.KB "ontract signedta1es / business days+

"-2 7earch6 >&2 7earch>$%+

Determine if land on the "ontaminated -and2egister "-2+ or >nvironmental&anagement 2egister >&2+ and anyorders

E/.K) "ontract signed

0"%5 search of tree register and minor civil disputes

www.@[email protected]+

5o chec1 for tree, dividing fences and poolfencing orders under the NeighbourhoodDisputes Resolution Act 2011 or theBuilding Act 197 .

) Now

$hysical inspection of 0"%5records in 0"%5 registry

5o chec1 for tree, dividing fences and poolfencing applications under theNeighbourhood Disputes Resolution Act

2011 or the Building Act 197 .

Depends on agentengaged toconduct search.

%s close as possible tosettlement, ensuringenough time to receive

results prior to settlement.



! G !

>nerge<6 >rgon • *f the property is connected undernormal tariff conditions

• if the property is connected underguarantee conditions and theamount of the guarantee

• if the property is not connected, uponwhat conditions it may be connected

• whether there are any undergroundcables running through the property.

>nerge<E/./I>rgon/H.EB

"ontract signedta1es E business days+

"ourt 2egisters• 7upreme P District

courts• 3an1ruptcy register

• *f an action has been commenced byor against the seller

• the nature of any action commenced

• copies of all originating summons,interlocutory proceedings, orders,appeals, bills of costs and writs

• the ban1ruptcy register should

provide information concerning nameof ban1rupt, dates of ban1ruptcy andorders.

7upreme PDistrict courtonline searches Fnil

3an1ruptcyregister ! /E.H/

"ontract signed

%7*"*f seller a company+

• Details of seller corporation including

directors, %3N and charges.

H.)B per search Now P on day of settlement

%7*" National Names *nde< • %3N, whether seller currentlyregistered or not.

) Now P on day of settlement

5elcoNote F *f high rise unit,unli1ely to be necessary+

&a=or telecommunication networ1 cablesincluding 4ptic 'ibre+ belonging to 5elstra,4ptus, ?>"omm, %%$5 and $ower5el andother providers that pass through theproperty and information oncommunications networ1 that may impacton the property.

HG.B) Now

#[4$5*4N3ody "orporate 2ecords7earch

-evy information, by!laws, lot entitlements,insurances, details of management andletting agreement, referees orders, special

levies.

B) ! E)),depending onagent.

"ontract signed

'orm ( *nformation"ertificate

-evy information, by!laws, lot entitlements,insurances.

BB.)) "ontract signed

3ody "orporate 4rders from3ody "orporate "ommr.

4rders made against a community titlesscheme.

H.)) "ontract signed

5itle search commonproperty+ for scheme

%ny encumbrances registered on commonproperty, e.g. mortgages, easements.

K.G/ "ontract signed

"ommunity &anagement7tatement

"onfirm lot entitlements, e<clusive use by!laws, details of body corporate serviceagreements, scheme by!laws.

EI.) "ontract signed

3uilding &anagement7tatement

;overns relationship of the scheme withother volumetric lots on the property.7hows any shared areas or sharedservices.

EI.) "ontract signed.

0"%5 search of tree register and minor civil disputes forcommon property.

www.@[email protected]+

!5o chec1 for tree, dividing fences and poolfencing orders under the NeighbourhoodDisputes Resolution Act 2011 or theBuilding Act 197 affecting the bodycorporate.

) Now

$hysical inspection of 0"%5records in 0"%5 registry for3ody "orporate.

5o chec1 for tree, dividing fences and poolfencing applications under theNeighbourhood Disputes Resolution Act2011 or the Building Act 197 .

Depends on agentengaged toconduct search.

%s close as possible tosettlement, ensuringenough time to receiveresults prior to settlement.



! /) !

-ocal ;ovt. building recordssearch F "ertificate of"lassification

Whether the classification of the buildingallows you to use the premises for yourintended use for e<ample, if purchasing forpermanent residence as opposed totemporary letting, that this use is allowedunder the certificate of classification+.

"ertificate of"lassificationIE.B)

Now



! / !

T/le 1 < O7tionl Ser*hes - Plese ret!rn to !s s soon s 7ossi/le %ith instr!*tions on

((itionl ser*hes >ti*k i reC!ire(D

Ser*hEnC!iries Inor,tion Likely )ost A77ro7riteti,e to*on(!*tser*h

Aeritage 2egister 0-D >$%+ relevant ifdwelling more than B) yearsold+.

"urrent listing on register, heritageagreements, prohibitions on use.

((.H) "ontract signed

0ueensland 3uilding7ervices %uthority

Details of insurance cover for theproperty under the 037% %ct.

(B.GB "ontract signedta1es I days+

-ocal ;ovt. building recordssearchadvisable if there is adwelling on the property+

Details of building approvals andcertificates including certificate ofclassification+.

3uilding 2ecords searchII.B)*nspections 7earchII.B)"ertificate of "lassificationif relevant+II.B)$roperty Notices

Development and$lanning+ 7earchII.B)

"ontract signed

Q-ocal ;ovt. flood searchadvisable if you intend tobuild+

Whether the property has floodedand the level of the last flood.

) "ontract signed

-ocal ;ovt town planningsearch 7tandard+

%s per limited search plus copy ofdecision notices for current anddeclined development approvals,copy infrastructure agreements,infrastructure charges details.

EKH.)) "ontract signedta1es /business days+

-ocal ;ovt town planningsearch 'ull+

%s per limited and standardsearches plus statement renon+fulfilment of any current

development conditions, details ofinfrastructure agreements, adviceof prosecutions for developmentoffences.

/,IB).)) "ontract signedta1es ()business days+

-ocal ;ovt. heritage searchrelevant if dwelling orbuilding more than B) yearsold+

Whether property listed onheritage register or any heritageagreements in e<istence.

7earch "ity $lan "ontract signed

-ocal ;ovt. Legetation$rotection 4rders

Whether vegetation on property isprotected or sub=ect to an order.

) "ontract signed

7pecial Water &eter2eading

%ctual water consumption sincelast meter reading.

I/.)) "ontract signedta1es E days+

$owerlin1 *nformation concerning the

%uthoritys future interest in theproperty, easements andtransmission lines.

/H.B) "ontract signed

ta1es / days+

Q"oastal &anagement7earchadvisable if property islocated in a coastal area Fbeach or harbour+

Whether the land is within acoastal management controldistrict or an erosion!prone areaand therefore the provisions of the!oastal "rotection and#anage$ent Act 199 applies.

) "ontract signed



! // !

Q"oastal $rotection7anctions on constructionof =etties+

• the date of any sanctionissued

• nature of the wor1ssanctioned.

53% if re@uired+ "ontract signed

National Aeritage -isting *nformation on indigenous, naturaland historic sites on the register.


Q%57* "ultural Aeritage

2egister and DatabaseD>2&+

*nformation about the location of

significant %57* cultural heritagesites.

) "ontract signed

&ining and other;eothermal tenuresadvisable in 1nown miningarea+

Details of mining or petroleum gasstorage or geothermal tenuresgranted.

HE.HB "ontract signed

QLegetation &anagement7tate+

Details of !• Legetation "learing

applications• 2egrowth Legetation

Notifications• Legetation offsets%dvisable if property is beingpurchased for development.+


7earches to discoverunregistered interests thatmay affect the property e.g.• sewerage or

drainage lines• access rights for

geothermale<ploration orproduction

• e<ploration rights formining

• ?nregistered interestscould affect your proposeduse of the property.

• Your rights in the event ofadverse results may belimited, so if you areconcerned it is advisable toconduct searches as soonas possible.

• 7ome searches may becovered by standardsearches ! if so, you mayconsider ordering standardsearches early.

• You are responsible for thesearch costs which varydepending on the searchauthority.

• You must let us 1now if youre@uire these additionalsearches to be carried out.

Depends on search,available on re@uest.

%7%$

no ri?hts !n(er contract if search results are adverse.

template - buyer first letter

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