Emil Ford Lawyers

Forms

Sale Checklist

We suggest that you print this form out, read it and gather all the necessary information together before you begin. If you cannot answer any of the questions, please let us know and we will help you. For your records, please print a copy of the completed form prior to submitting it.

Your Contact Details

Full Name
Email
Phone No (Preferred)
Your full name/s (including middle name/s):
Postal Address
Phone No (mobile)
Phone No (work)
Phone No (Home)
Fax
Preferred contact number
Email addresses

Address of the property being sold:


Agent details


Name & Address of Agent
Email address of Agent
Contact Name
Mobile
Work Phone
Fax

Title reference

Please provide whichever of the following details you are aware of:
Lot number
Plan number
Plan Type:
Folio
Volume

Price

(Or listing price $)

Council

What is your Council Area?

Details of buildings

Please Tick
Other

Survey - not for strata

I have checked among my documents for an Identification Survey showing the existing house.

Auction

If the property is being auctioned you should consider obtaining an up-to-date survey showing the location of the buildings on the land, a pest report and, if strata, a strata report. We can arrange these.
If yes, proposed auction date:
Would you like us to organise a Survey Report at a cost of ?
Would you like us to organise a Pest Report at a cost of ?
Would you like us to organise a Strata Report at a cost of ? (If applicable)

Mortgage Details (if applicable)

Do you owe money to a bank or other lender?
Lender
Branch (if relevant)
Loan No
Approximate amount outstanding:
Name of contact:
Phone
Email

Do you know where the Certificate of Title is?

Our Certificate of Title is being held at/by
Our Certificate of Title is being held by:

Inclusions - Residential:

Notes: The inclusions must be the vendor's own property, not owned by a tenant, and must have been fully paid for.

Fixtures, which are items attached to the property (including plants in the ground) are to be left at the property unless they are excluded in the contract.


Other fixtures not listed above:
Fixtures which are to be EXCLUDED (add below):

Inclusions - Not Residential Property:


Inclusions are (add below)

Residential: Are smoke alarms installed?

All Contracts for the sale of residential property must include a statement by the vendor that smoke alarms have been installed.

Smoke alarms must be located:
* In every corridor or hallway associated with a bedroom, or, if there is no corridor or hallway, between the part of the home containing the bedroom and the rest of the dwelling, and
* in any storey not containing bedrooms, in the path of travel most likely to be used by those evacuating the home.

Would you accept 5% deposit if requested?

Do you need the deposit to be available to use as a deposit and/or stamp duty for a purchase?


If Yes (complete below)

Investment of Deposit

If the deposit is substantial, or the settlement period is lengthy, the deposit may be invested with a Bank or Building Society. The interest may be divided equally between you and the buyer. If completion does not take place, the interest would all be paid to the party who is entitled to receive the deposit.

Vacant Possession or Tenanted

If the property is tenanted and the tenant is holding over under an expired lease you must give appropriate written notice to any present tenant to vacate.
Who manages the lease?
Where is the lease?
What is the current rent?

If the premises are subject to a commercial lease, is it a retail lease?

A copy of the lease and all disclosure statements must also be provided.

When was the property acquired?

This information relates to Capital Gains Tax.

Do you have to pay Land Tax on the Property?

Land tax is not payable on a principal residence and, generally, for up to one year after the death of the owner who used the property as a principal residence.
If yes,
What is your Land Tax Reference?

Are there any special keys (security doors/alarm) which should be handed over on settlement?


Details

Strata

Managing Agent or Name and telephone number of the Secretary of the Owners Corporation
Details:
Have any special levies been made which have not been paid
Details:

Work on the Property

Has any work been done on the property or adjacent to it where any charge has been or may be created in favour of the local council or any other Statutory Authority?
If Yes, details:

Has there been any residential building work in the last 7 years?

If you carried out residential building work as an owner-builder after 1st May 1997, a certificate of insurance must be attached to the Contract for Sale. Please provide a copy of the insurance certificate. If there is insufficient room, please attach the relevant information.
Nature of work
Builder's name & address
Builder's Licence number
Details of Council and Water Authority consent (add below).

Have you received any notice from any Public Authority in respect of work to be done on the property or money to be spent on it?


If Yes, add details

Is the building new?

A new buiding must not be occupied or used unless an Occupation Certificate has been issued under the Environmental Planning & Assessment Act. You will have to pay GST on the sale price if the building is new or has been substantially altered.
Details

Is there a swimming pool?

Only answer this and the next question if the property is not strata.
If yes, do you have a copy of the council approval for the pool?
Have the fence requirements been complied with?
Does the swimming pool comply with the standards prescribed by the regulation under the Swimming Pools Act, 1990.

Do you own any land adjoining the property you are selling?

If you own adjoining land you may wish to avoid the buyer giving you a notice requiring you to share the cost of building a dividing fence.

Have the provisions of the Local Government Act and the Ordinances under the Act relating to subdivisions and buildings, if any, been complied with in respect of the property?


Details of any known non-compliance or breaches

Are the stormwater downpipes connected to the sewer?

Connecting stormwater downpipes to the sewer is illegal.

Has any claim been made by any person to any right over the property?

For example, has any person threatened or commenced court proceedings against you in respect of the property (e.g. under the Family Law Act or a Will claim).
If yes, give details.

Do you have any notice or knowledge of any proposed or actual resumption, realignment of streets, claims, notices, charges, rights, easements, restrictions, proclamations, or prohibitions affecting the property.

If you are aware that the land is affected by any of these matters and do not tell the buyer, the buyer may be able to get out of the Contract for Sale. However, you only need to disclose anything of which you have actual notice or knowledge and there is no need to make your own enquiries.
Local Council
Roads & Traffic Authority
Department of Education
Transgrid
Heritage Council of NSW
Any gas pipeline authority
Rail authority
Environment Protection Authority
Mine Subsidence Board
The local electricity authority
Sydney Water/Water authority
Rural Lands Protection Board
Any other authority
Details where any answer is "yes".

Are you aware of any dispute, notice or claim by any person, in relation to


(a) any common boundary or any boundary fence between the land and adjoining land;
(b) any encroachment onto any adjoining land by any building or structure on the land; or
(c) any encroachment onto the land by any building or structure on any adjoining land.

Are you aware of any hidden defects in the land or building, such as land fill, pipes under the buildings, or defects which are not likely to be discovered by a reasonable search?


If yes, please add details below:

Were you made bankrupt after you acquired the property?


Details of bankruptcy:

Are there any court judgements, decrees, orders or executions against you or affecting the property?


Details of court judgements, decrees, orders etc:

Has any person threatened or commenced court proceedings against you in respect of the property (e.g. under the Family Law Act or the Family Provision Act)?


Details of possible claim/s against you

Are you selling in order to go into retirement accommodation?

If yes, you should seek advice from a financial advisor

Anything else?

Is there anything else about the property that you think a buyer should know?
Details

Form Recipient

Select the recipient of choice
Suite 4 Level 5
580 George Street
Sydney NSW 2000
Phone: +61 2 9267 9800
Fax: +61 2 9283 2553