000001011458
BIDDER REGISTRATION FORM (INCL. PROXY)
You must be registered to bid at a public auction of residential property in South Australia. Full Name (of person who is actually wishing to buy the property) (the "Prospective Purchaser"). Proxy bidder being used? No Yes If Yes, the Full Name of the person who is bidding on behalf of the Prospective Purchaser wanting to buy the property? The Proxy Bidder agrees, if successful at auction, to sign/execute the contract of sale IN THEIR OWN NAME, unless: 1. The named person being the Prospective Purchaser is physically present at the auction and willing and able to sign/execute the contract of sale (and notified the Agent of same during the Bidder Registration process), OR 2. The Prospective Purchaser is NOT physically present and, agrees and executes the contract of sale within 5 minutes of the residential contract of sale being sent to him/her electronically and signed electronically, at the email address notified to the Agent during the Bidder Registration process, OR 3. An original or certified copy of the duly executed Power of Attorney was sighted and a copy provided to the Agent, or the Agents representative, upon Bidder Registration. WARNING NOTICE: If you intend to bid on behalf of another person or entity as the Prospective Purchaser's Proxy Bidder, then you must also complete a Proof of Prospective Purchaser's Identity AND Proxy Bidders Written Authority form. If the person you are bidding for is not at the auction, then you as the bidder will be responsible for signing the contract and paying the agreed deposit amount. ADDRESS OF PROSPECTIVE PURCHASER TELEPHONE: (W) EMAIL: ADDRESS OF AUCTION PROPERTY:
(H)
(M) FACSIMILE:
PROSPECTIVE PURCHASER'S PROOF OF IDENTIFICATION Driver's Licence Passport Birth Certificate Credit Card Debit Card Medicare Card
Telephone account Electricity account Gas account Council rate notice *Other: *Identification must be issued by a government authority or financial institution.
If Prospective Purchaser is a body corporate, then show certificate of incorporation Proof of Identification sighted by Agent Signature of Agent: Deposit $
Certificate of Incorporation ACN: Note: The Agent must sight proof of identification of Prospective Purchaser. Day of Auction
Next Business Day
Settlement Vendor's Acceptance: INTENDING BIDDERS ACKNOWLEDGEMENT OF RECEIPT OF FORM R4 — Guide to Sale of Residential Land by Auction I, the abovenamed Prospective Purchaser or Proxy Bidder expressly acknowledge and agree that I have received a copy of Form R4 (only applicable for residential land). I seek (if applicable) the Vendor(s) consent to the above variations to the auction terms and/or conditions of sale and I will be advised of acceptance, or otherwise, prior to commencement of bidding. Signature of Intending Bidder (being either the Prospective Purchaser or nominated Proxy): BIDDER'S UNIQUE IDENTIFIER Form AUC4 Ver 3.2 © REISA 2017
For the exclusive use of Members of the Real Estate Institute of South Australia Incorporated.
000001011458
PROXY BIDDER'S WRITTEN AUTHORITY DISCLOSURE TO AGENT: Proxy Bidder must provide a copy of this document to agent for verification of written authority to bid on behalf of another person or entity PROPERTY AND AUCTION DETAILS Property Address: Location of Auction: Date of Auction:
Time:
I/We, [Prospective Purchaser]: of
[Address]:
AUTHORISE
[Proxy Bidder]
of [Address]: to: 1. Register as a bidder on my/our behalf at the auction (if applicable); 2. Bid at the auction on my/our behalf in accordance with the Public Auction of Real Property Terms and Conditions jointly published by the Real Estate Institute of South Australia Incorporated and the Society of Auctioneers and Appraisers (SA) Incorporated; 3. Sign, if successful at the Auction, the Contract of Sale for the Property on my/our behalf at the fall of the hammer at the auction and pay the agreed deposit amount; and 4. Confirm the proof of identity documentation of the Prospective Purchaser has been provided by me and is true and correct. PROXY BIDDER'S STATEMENT TO AGENT I, named herein at the Auction for the Property detailed herein.
intend to bid on behalf the Prospective Purchaser/s
SIGNED by the Proxy Bidder
Date
SIGNED by the Prospective Purchaser
Date
PRINT NAME
SIGNED by the Prospective Purchaser
Date
PRINT NAME
SIGNED by the Prospective Purchaser PRINT NAME
Form AUC4 Ver 3.2 © REISA 2017
For the exclusive use of Members of the Real Estate Institute of South Australia Incorporated.
Date
000000695191
Form R4 Bidders Guide Guide to the sale of residential property by auction Land and Business (Sale and Conveyancing) Act 1994 section 24I and section 24J(1)(f) Under the Act, the real estate agent responsible for this auction must provide each person registered on the bidders register with this guide.
Who needs to register? Any person who intends to bid at an auction for residential property must register. Registering for an auction does not mean you must bid. Registering simply gives you the right to bid. You can register with the agent at any time before the auction, such as when you inspect the property, or on the day of the auction. If you are bidding to buy the property jointly, for example, with a spouse or partner, only one person needs to register, however, only that person will be able to bid at the auction. If you are bidding on behalf of another person you will need to provide that person’s name and present a copy of a document signed by that person that authorises you to bid on their behalf. Proof of identity To register, you must show the agent one of the following*: • a current document or card issued to you from a Commonwealth, State, Territory or local government authority (e.g. passport, driver’s licence, or pension/health concession card, council or water rates notice) • a document or card issued to you from a utility company (e.g. an electricity supply company) • a document or card issued to you by a bank (e.g. visa card) • a passport issued to you by a foreign government. *you do not need to leave the document with the agent or allow them to make a copy
If you are bidding on behalf of another person, you must also provide a copy of one of the documents listed above that has been issued to that person. It is against the law to provide false information for entry onto the bidders register. What happens at registration? Once you have registered, the agent will provide you with a unique identifier (comprising a number, letter, colour or some other identifying feature). Each time you make a bid you must display this unique identifier.
January 2014
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What if I arrive at the auction late? Once an auction has commenced, the agent may interrupt the auction to allow you to register. It is up to the agent to determine whether or not to stop the auction to allow you to register. If you are entered on the register you may bid at the auction. Prescribed standard conditions for auction of residential property Apart from any conditions of auction that the agent also displays at the auction, the following prescribed standard conditions will apply to all auctions of residential land: (a) any person may bid in the auction in person, or by their proxy or representative, subject to the conditions of auction; (b) the vendor’s reserve price will be as recorded in the auction record; (c) to make a bid a person must be registered in the bidders register, having satisfied the requirements as to proof of identity and, if applicable, authority to bid as a proxy or representative; (d) the auctioneer will only accept a bid if the person making the bid displays a unique identifier (comprising a number, letter, colour, or some other identifying feature) allocated to the person by the auctioneer (e) the auctioneer will, when accepting a bid, audibly announce the unique identifier so displayed by the bidder; (f) the auctioneer may refuse a bid if of the opinion that it is not in the best interests of the vendor, and will not be obliged to give any reason for refusing a bid; (g) the auctioneer may make bids on behalf of the vendor but not more than 3 such bids and only for amounts below the reserve price; any such bid will be audibly announced by the auctioneer as a “vendor’s bid”; (h) bidding increments will be accepted at the discretion of the auctioneer; (i) the person accepted by the auctioneer as having made the highest bid at or above the reserve price will be the purchaser and that bid will be the purchase price; (j) the auctioneer will not accept a bid made after the fall of the auctioneer’s hammer; (k) unless otherwise agreed in writing by the purchaser and the vendor before the commencement of the auction— (i) a contract for the sale of the property, in the form displayed by the auctioneer at the auction, will be completed and signed by or on behalf of the purchaser and the vendor immediately after the fall of the hammer; and (ii) the purchaser will pay a deposit immediately after the fall of the hammer, as specified in the conditions of auction*; (l)
the auctioneer will have irrevocable authority, after the fall of the auctioneer’s hammer, to complete and sign the contract on behalf of the purchaser or the vendor, or both; completion and signing under that authority will be at the auctioneer’s discretion in the event of breach by the purchaser of any of the conditions of auction; (m) the cooling-off rights under section 5 of the Land and Business (Sale and Conveyancing) Act 1994 do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid in the auction (whether in person or by their proxy or representative). *NOTE: Conditions of auction includes conditions displayed by the auctioneer at the auction as conditions of the auction, together with the standard conditions set out above.
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Dummy and vendor bidding It is against the law for the vendor of the property, or a person acting on behalf of the vendor, to make a bid at the auction. This type of activity is called dummy bidding and can attract a maximum penalty of $20,000. However, the vendor of the property is entitled to have up to three bids made on their behalf by the auctioneer, who must announce each such bid as a ‘vendor bid’. The amount of a vendor bid must be less than the vendor’s reserve price. Interrupting auctions It is against the law to knowingly prevent a rival bidder from freely bidding at an auction, or to harass a bidder. It is also against the law to do anything with the intention of preventing, causing a major disruption to, or causing cancellation of an auction. A maximum penalty of $20,000 applies. Cooling-off period There is no cooling-off period when you buy at auction. If you are the successful bidder at auction no further bids can be made or accepted. You must then sign a binding sale contract as soon as possible after the conclusion of the auction. You will usually be required to pay a deposit at the time. The deposit amount is usually around 10% of the purchase price, however you may seek to negotiate a lesser amount with the agent before the auction. If the property is passed in at auction and if you made a bid at the auction then any sale contract you enter into before midnight on the same day as the auction, as a result of further negotiations with the vendor, is not subject to a cooling-off period. Your privacy The agent is not permitted to disclose information on the bidders register to anyone unless required to by an authorised person under the Fair Trading Act 1987.
Disclaimer: This publication is a plain language guide to your rights and responsibilities. It must not be relied upon as legal advice. For more information please refer to the appropriate legislation or seek independent legal advice.
January 2014
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Form R5 Collusive Practices Collusive practices at auctions of land or a business Land and Business (Sale and Conveyancing) Act 1994 section 24L Land and Business (Sale and Conveyancing) Regulations 2010 regulation 28 Section 24L of the Land and Business (Sale and Conveyancing) Act 1994 makes it unlawful to engage in collusive practices in relation to an auction of land or a business. Under that section a person must not do any of the following as a result of a collusive practice, or induce or attempt to induce another person by a collusive practice to do any of the following: (a) abstain from bidding; (b) bid to a limited extent; (c) do anything else that might tend to prevent free and open competition. The maximum penalty for committing such an offence is $20 000. * “Collusive practice� is defined in section 24L(4) of the Act. If you are intending to bid at an auction and are unsure whether your activity constitutes a collusive practice, it is advisable to seek independent legal advice.
NOTE: At auctions of land or businesses this form must be made available for perusal by members of the public for at least 30 minutes immediately before the auction is due to commence.
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000001011487
PUBLIC AUCTION OF REAL PROPERTY TERMS AND CONDITIONS 1.
The Auctioneer presents the Property for sale by auction The Auctioneer, as authorised by the Agent acting for the Vendor, presents the Property for sale by auction on behalf of the Vendor. An offer to purchase the Property may be made by any person present in person or by proxy or representative ("Bidder") by making a bid at auction, subject to these Terms and Conditions.
2.
Bidders are bound by these Terms and Conditions By bidding at auction, a Bidder agrees to be bound by these Terms and Conditions.
3.
Vendor's reserve price 3.1 The Vendor's reserve price ("Reserve Price") will be as recorded in the Auction Record. 3.2
4.
In the event that the Reserve Price is not reached at auction, the Auctioneer and/or the Agent shall attempt to negotiate immediately with the highest Bidder to sell the Property and if no agreement is reached, the Auctioneer and/or Agent will attempt to negotiate with other Bidders and then with any other interested parties.
Vendor may withdraw the Property from sale The Vendor may at any time before the Property is sold at auction: 4.1
withdraw the Property from sale; or
4.2
consolidate, divide, or otherwise alter the organisation or arrangement of the Property in any way deemed convenient by the Auctioneer.
5.
Cooling-off rights do not apply Cooling-off rights under section 5 of the Land and Business (Sale and Conveyancing) Act 1994 do not apply to a sale by auction or a sale on the day of auction to a person who has made a bid at the auction (whether in person or by their proxy or representative).
6.
Registration of Bidders (Residential land only) 6.1 To make a bid at an auction for residential land (as defined in the Land and Business (Sale and Conveyancing) Act 1994), a person must be registered in the bidders register.
7.
6.2
To be entered in the bidders register, the person must satisfy the Agent as to the person's identity through providing proof of identity in the required form (through the provision of a driver's licence, passport, credit/debit card, utilities account or similar documentation).
6.3
Where a person intends to bid on the property as a proxy or representative of another person ("Proxy Bidder"), the person intending to bid must produce a signed authority from the other person or entity authorising them to bid on their behalf.
6.4
A person making a bid must do so by displaying their unique identifier, obtained through the Bidder registration process.
Bidding at auction 7.1 Proxies and representatives at auction If the Proxy Bidder is the successful bidder at auction and the Purchaser is not present to sign the Contract of Sale immediately following the auction, then the Proxy Bidder will be required to sign the Contract of Sale. 7.2
Bidder offers to purchase the Property With each bid at auction, a Bidder makes an unconditional offer to purchase the Property which may be accepted by the Auctioneer.
7.3
Vendor may bid at auction The Auctioneer may make bids on behalf of the Vendor but if the auction is for residential land (as defined in the Land and Business (Sale and Conveyancing) Act 1994) the Auctioneer may not make more than 3 such bids and only for amounts below the Reserve Price. Where a Vendor bid is made by the Auctioneer, the Auctioneer will audibly announce the bid as a "vendor's bid".
7.4
Advancement of bids The bidding increments during the course of the auction will be accepted at the discretion of the Auctioneer.
7.5
Auctioneer may refuse any bid The Auctioneer may refuse a bid if of the opinion that it is not in the best interests of the Vendor and will not be obliged to give any reason for doing so.
7.6
Bids are binding A bid accepted by the Auctioneer is binding on the Bidder and may not be withdrawn.
Form AUC1 v2.2 Š REISA - SAA 2017
For the exclusive use of Members of the Real Estate Institute of South Australia Incorporated.
000001011487
PUBLIC AUCTION OF REAL PROPERTY TERMS AND CONDITIONS 7.7
Disputes concerning bids If there is a dispute concerning bids made at auction ("Dispute") where the Dispute arises before or after the fall of the hammer or some similar indication that the Property is sold ("Fall of Hammer"), then the Auctioneer will decide the Dispute in a way that he or she deems appropriate. The decision of the Auctioneer is final and gives rise to no claim by any person against another.
7.8
Selection of the Purchaser and determination of the purchase price A person accepted by the Auctioneer as having made the highest bid at or above the Reserve Price will be the Purchaser ("Purchaser") and that bid will be the purchase price ("Purchase Price"). The Auctioneer will not accept a bid made after the fall of the Auctioneer's hammer.
7.9
The Purchaser must pay the deposit and sign the Contract Subject to the determination of any Dispute, unless otherwise agreed in writing and advised before commencement of the auction, the Purchaser, upon being acknowledged by the Auctioneer as the Purchaser must: 7.9.1 immediately complete all necessary details required by the Auctioneer to enter into a contract for the sale and purchase of the Property in the form of contract that is displayed by the Auctioneer at the auction ("Contract"); and 7.9.2 immediately pay to the Auctioneer a deposit equal to ten percent (10%) of the Purchase Price; and 7.9.3 complete the purchase of the Property in accordance with the Terms and Conditions contained in the Contract for the Purchase Price.
8.
Auctioneer may sign the Contract The Auctioneer will have irrevocable authority, after the fall of the Auctioneer's hammer, to complete and sign the Contract on behalf of the Purchaser or the Vendor, or both. Completion and signing under the Auctioneer's authority will be at the Auctioneer's discretion in the event of a breach by the Purchaser of any of the conditions of the auction. The party for whom the Auctioneer has signed the Contract is bound by the Contract.
9.
Variations of Terms and Conditions before auction Where the Vendor has agreed in writing with a Bidder to vary these Terms or other conditions, before the Auction, then those variations will apply to that Bidder only.
10.
Property may be re-auctioned 10.1 If the Purchaser fails: (a) (b)
to pay the deposit; or to execute the Contract
(or both) immediately after the fall of the Auctioneer's hammer, then the Purchaser is deemed by the Auctioneer to have breached his or her obligation to complete the purchase of the Property. 10.2
Where clause 10.1 applies, the Auctioneer/Agent is authorised by the Vendor to terminate the Contract and: (a) (b)
re-auction the Property; or to sell the Property by private treaty.
11.
Vendor may sue Purchaser for damages Notwithstanding clause 10.2, the Vendor may sue the Purchaser for damages for any failure to comply with these Terms and Conditions and/or the Contract.
12.
Holding over the auction The Auctioneer may hold over the Property and re-offer it for auction at another time on the same day on Terms and Conditions as the Vendor may nominate.
13.
Auctioneer may vary these Terms and Conditions Subject to legislative requirements, the Auctioneer is entitled to vary these Terms and Conditions by announcement immediately before or during the auction including, but not limited to, advising registered bidders that any variations sought by them have been accepted by the Vendor.
14.
Legal age of Purchaser A Bidder must be at least 18 years of age.
15.
Foreign Investment Review Board Approval A person who wishes to bid for or purchase the Property warrants that they do not require approval from the Foreign Investment Review Board (or any similar organisation) for the purchase herein. A person who wishes to make a bid at the auction for the Property who requires approval from the Foreign Investment Review Board (or any similar organisation) for the purchase herein must make arrangements suitable to the Auctioneer before the auction.
Form AUC1 v2.2 Š REISA - SAA 2017
For the exclusive use of Members of the Real Estate Institute of South Australia Incorporated.
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
000000004880
Form 1 - Vendor's statement (Section 7 Land and Business (Sale and Conveyancing) Act 1994) Contents Preliminary Part A - Parties and land Part B - Purchaser's cooling-off rights and proceeding with the purchase Part C - Statement with respect to required particulars Part D - Certificate with respect to prescribed inquiries by registered agent Schedule
Preliminary To the purchaser: The purpose of a statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the land to be acquired. If you intend to carry out building work on the land, change the use of the land or divide the land, you should make further inquiries to determine whether this will be permitted. For example, building work may not be permitted on land not connected to a sewerage system or common drainage scheme if the land is near a watercourse, dam, bore or the River Murray and Lakes. The Aboriginal Heritage Act 1988 protects any Aboriginal site or object on the land. Details of any such site or object may be sought from the "traditional owners" as defined in that Act. If you desire additional information, it is up to you to make further inquiries as appropriate. Instructions to the vendor for completing this statement: means the Part, Division, particulars or item may not be applicable. If it is applicable, ensure the box is ticked and complete the Part, Division, particulars or item. If it is not applicable, ensure the box is empty or strike out the Part, Division, particulars or item. Alternatively, the Part, Division, particulars or item may be omitted, but not in the case of an item or heading in the table of particulars in Division 1 of the Schedule that is required by the instructions at the head of that table to be retained as part of this statement. *
means strike out or omit the option that is not applicable.
All questions must be answered with a YES or NO (inserted in the place indicated by a rectangle or square brackets below or to the side of the question). If there is insufficient space to provide any information required, continue on attachments.
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AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
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Part A - Parties and land 1
Purchaser:
Address: Street 1 Street 2 Suburb 2
State
Postcode
State SA
Postcode 5154
State SA
Postcode 5152
Vendor: Anna Louise Sullivan
Address: Street 1 5 Dillon Road Street 2 Suburb Aldgate 4
Postcode
Purchaser's registered agent:
Address: Street 1 Street 2 Suburb 3
State
Vendor's registered agent: Harcourts Adelaide Hills
Address: Street 1 156 Mount Barker Road Street 2 Suburb Stirling 5
Date of contract (if made before this statement is served):
6
Description of the land: [Identify the land including any certificate of title reference] Allotments 84 & 85 in FP158630 in the area named Bridgewater Hundred of Noarlunga Street 1 57-59 Wissell Street Street 2 Suburb Bridgewater being the *whole / portion of the land comprised in Certificate of Title Volume 5718 Folio 993
State SA
Postcode 5155
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AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
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Part B - Purchaser's cooling-off rights and proceeding with the purchase To the purchaser: Right to cool-off (section 5) 1 - Right to cool-off and restrictions on that right You may notify the vendor of your intention not to be bound by the contract for the sale of the land UNLESS (a) (b) (c)
you purchased by auction; or you purchased on the same day as you, or some person on your behalf, bid at the auction of the land; or you have, before signing the contract, received independent advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to the giving of that advice; or
(d) (e)
you are a body corporate and the land is not residential land; or the contract is made by the exercise of an option to purchase not less than 5 clear business days after the grant of the option and not less than 2 clear business days after service of this form; or
(f)
the sale is by tender and the contract is made not less than 5 clear business days after the day fixed for the closing of tenders and not less than 2 clear business days after service of this form; or
(g)
the contract also provides for the sale of a business that is not a small business.
2 - Time for service The cooling-off notice must be served (a) if this form is served on you before the making of the contract - before the end of the second clear business day after the day on which the contract was made; or (b)
if this form is served on you after the making of the contract - before the end of the second clear business day from the day on which this form is served.
However, if this form is not served on you at least 2 clear business days before the time at which settlement takes place, the cooling-off notice may be served at any time before settlement. 3 - Form of cooling-off notice The cooling-off notice must be in writing and must be signed by you. 4 - Methods of service The cooling-off notice must be (a) given to the vendor personally; or (b) posted by registered post to the vendor at the following address: 5 Dillon Road Aldgate SA 5154 (c)
(being the vendor's last known address); or transmitted by fax or email to the following fax number or email address: Email: ian.harvy@harcourts.com.au (being a number or address provided to you by the vendor for the purpose of service of the notice); or
(d)
left for the vendor's agent (with a person apparently responsible to the agent) at, or posted by registered post to the agent at, the following address: 156 Mount Barker Road Stirling SA 5152 (being *the agent's address for service under the Land Agents Act 1994 / an address nominated by the agent to you for the purpose of service of the notice).
Note - Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling-off notice on the purchaser. It is therefore strongly recommended that (a) if you intend to serve the notice by leaving it for the vendor's agent at the agent's address for service or an address nominated by the agent, you obtain an acknowledgment of service of the notice in writing; (b) if you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email. 5 - Effect of service If you serve such cooling-off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than (a) (b)
the amount of any deposit paid if the deposit did not exceed $100; or an amount paid for an option to purchase the land.
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AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
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Proceeding with the purchase If you wish to proceed with the purchase (a) it is strongly recommended that you take steps to make sure your interest in the property is adequately insured against loss or damage; (b)
(c)
pay particular attention to the provisions in the contract as to time of settlement - it is essential that the necessary arrangements are made to complete the purchase by the agreed date - if you do not do so, you may be in breach of the contract; you are entitled to retain the solicitor or registered conveyancer of your choice.
Part C - Statement with respect to required particulars (section 7(1)) To the purchaser: *I/We: Anna Louise Sullivan
of
5 Dillon Road Aldgate SA 5154
being the *vendor(s) / person authorised to act on behalf of the vendor(s) in relation to the transaction state that the Schedule contains all particulars required to be given to you pursuant to section 7(1) of the Land and Business (Sale and Conveyancing) Act 1994. Date: Signed:
Part D - Certificate with respect to prescribed inquiries by registered agent (section 9) To the purchaser: I, Ian Harvy of Harcourts Adelaide Hills certify *that the responses / that, subject to the exceptions stated below, the responses to the inquiries made pursuant to section 9 of the Land and Business (Sale and Conveyancing) Act 1994 confirm the completeness and accuracy of the particulars set out in the Schedule. Exceptions: Nil
Date: Signed:
*Vendor's / Purchaser's agent *Person authorised to act on behalf of *Vendor's/Purchaser's agent Page 4 of 13
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
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Schedule - Division 1 Particulars of mortgages, charges and prescribed encumbrances affecting the land (section 7(1)(b)) Note Section 7(3) of the Act provides that this statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement. Where a mortgage, charge or prescribed encumbrance referred to in column 1 of the table below is applicable to the land, the particulars in relation to that mortgage, charge or prescribed encumbrance required by column 2 of the table must be set out in the table (in accordance with the instructions in the table) unless (a)
(b)
there is an attachment to this statement and (i) all the required particulars are contained in that attachment; and (ii) the attachment is identified in column 2; and (iii) if the attachment consists of more than 2 sheets of paper, those parts of the attachment that contain the required particulars are identified in column 2; or the mortgage, charge or prescribed encumbrance (i) is one of the following items in the table: (A) under the heading 1. General 1.1 Mortgage of land 1.4 Lease, agreement for lease, tenancy agreement or licence 1.5 Caveat 1.6 Lien or notice of a lien (B) under the heading 33. Other charges 33.1 Charge of any kind affecting the land (not included in another item); and (ii) is registered on the certificate of title to the land; and (iii) is to be discharged or satisfied prior to or at settlement.
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AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
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Table of particulars Column 1
Column 2
Column 3
[If an item is applicable, ensure that the box for the item is ticked and complete the item.] [If an item is not applicable, ensure that the box for the item is empty or else strike out the item or write "NOT APPLICABLE" or "N/A" in column 1. Alternatively, the item and any inapplicable heading may be omitted, but not in the case of(a) the heading "1. General" and items 1.1, 1.2, 1.3 and 1.4; and (b) the heading "4. Development Act 1993" and items 4.1 and 4.2; and (c) the heading "5. Repealed Act conditions" and item 5.1, which must be retained as part of this statement whether applicable or not.] [If an item is applicable, all particulars requested in column 2 must be set out in the item unless the Note preceding this table otherwise permits. Particulars requested in bold type must be set out in column 3 and all other particulars must be set out in column 2.] [If there is more than 1 mortgage, charge or prescribed encumbrance of a kind referred to in column 1, the particulars requested in column 2 must be set out for each such mortgage, charge or prescribed encumbrance.] [If requested particulars are set out in the item and then continued on an attachment due to insufficient space, identify the attachment in the place provided in column 2. If all of the requested particulars are contained in an attachment (instead of in the item) in accordance with the Note preceding this table, identify the attachment in the place provided in column 2 and (if required by the Note) identify the parts of the attachment that contain the particulars.]
1. General 1.1
Mortgage of land [Note - Do not omit this item. This item and its heading must be included in the statement even if not applicable.]
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s) (and, if applicable, the part(s) containing the particulars): Refer to attached copy of Certificate of Title
YES YES
Number of mortgage (if registered): 11949675
Name of mortgagee: National Australia Bank Ltd.
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AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
1.2
Easement (whether over the land or annexed to the land) Note - "Easement" includes rights of way and party wall rights [Note - Do not omit this item. This item and its heading must be included in the statement even if not applicable.]
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments?
000000004880
NO YES
If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars): Refer to attached copy of Certificate of Title Description of land subject to easement: The land marked A in CT 5718/993
Nature of easement: A free and unrestricted right of way
Are you aware of any encroachment on the easement? NO
If YES, give details:
If there is an encroachment, has approval for the encroachment been given? If YES, give details:
1.3
Restrictive covenant [Note - Do not omit this item. This item and its heading must be included in the statement even if not applicable.]
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
Nature of restrictive covenant:
Name of person in whose favour restrictive covenant operates:
Does the restrictive covenant affect the whole of the land being acquired? If NO, give details: Does the restrictive covenant affect land other than that being acquired?
Page 7 of 13
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
1.4
Lease, agreement for lease, tenancy agreement or licence (The information does not include information about any sublease or subtenancy. That information may be sought by the purchaser from the lessee or tenant or sublessee or subtenant.)
000000004880
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
Name of parties:
[Note - Do not omit this item. This item and its heading must be included in the statement even if not applicable.]
Period of lease, agreement for lease etc: From
to
Amount of rent or licence fee: $ per
(period)
Is the lease, agreement for lease etc in writing? If the lease or licence was granted under an Act relating to the disposal of Crown lands, specify (a) the Act under which the lease or licence was granted:
(b) the outstanding amounts due (including any interest or penalty):
Page 8 of 13
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
000000004880
4. Development Act 1993 4.1
Part 3 - Development Plan
Is this item applicable?
[Note - Do not omit this item. This item and its heading must be included in the statement even if not applicable.]
Will this be discharged or satisfied prior to or at settlement? Are there attachments?
NO NO
If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
Title or other brief description of zone or policy area in which the land is situated (as shown in the Development Plan): Watershed (Primary Production) Zone Rural Living Policy Area Is the land situated in a designated State Heritage Area? NO
Is the land designated as a place of local heritage value? NO
Is there a current Development Plan Amendment released for public consultation by a council on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? YES
If YES, state the name of the council: Adelaide Hills Council Is there a current Development Plan Amendment released for public consultation by the Minister on which consultation is continuing or on which consultation has ended but whose proposed amendment has not yet come into operation? NO
4.2
section 42 - Condition (that continues to apply) of a development authorisation
Is this item applicable?
[Note - Do not omit this item. This item and its heading must be included in the statement even if not applicable.]
If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
Will this be discharged or satisfied prior to or at settlement? Are there attachments?
Date of authorisation:
Name of relevant authority that granted authorisation: Condition(s) of authorisation:
Page 9 of 13
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
000000004880
5. Repealed Act conditions 5.1
Condition (that continues to apply) of an approval or authorisation granted under the Building Act 1971 (repealed), the City of Adelaide Development Control Act 1976 (repealed), the Planning Act 1982 (repealed) or the Planning and Development Act 1966 (repealed) [Note - Do not omit this item. This item and its heading must be included in the statement even if not applicable.]
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
Nature of condition(s):
6. Emergency Services Funding Act 1998 6.1
section 16 - Notice to pay levy
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
Date of notice: Amount of levy payable:
Page 10 of 13
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
000000004880
17. Land Tax Act 1936 17.1 Notice, order or demand for payment of land tax
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
YES YES
Refer to attached copy of Land Tax Certificate - Annexure A Date of notice, order or demand: 23/3/2018 Amount payable (as stated in the notice): $553.04
18. Local Government Act 1934 18.1 Notice, order, declaration, charge, claim or demand given or made under the Act
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars):
Date of notice, order etc: Name of council by which, or person by whom, notice, order etc is given or made:
Land subject thereto:
Nature of requirements contained in notice, order etc:
Time for carrying out requirements: Amount payable (if any):
Page 11 of 13
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
19. Local Government Act 1999 19.1 Notice, order, declaration, charge, claim or demand given or made under the Act
000000004880
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments?
YES YES
If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars): Refer to attached copy of Adelaide Hills Council Rates Notice Annexure B Date of notice, order etc: 23/3/2018 Name of council by which, or person by whom, notice, order etc is given or made: Adelaide Hills Council
Land subject thereto: 57-59 Wissell Street Bridgewater SA 5155
Nature of requirements contained in notice, order etc: N/A
Time for carrying out requirements: N/A Amount payable (if any): $558.70
20. Metropolitan Adelaide Road Widening Act 1972 20.1 section 6 - Restriction on building work
Is this item applicable? Will this be discharged or satisfied prior to or at settlement? Are there attachments? If YES, identify the attachment(s)(and, if applicable, the part(s) containing the particulars): Does the restriction apply to all of the land?
If NO, give details about the part of the land to which the restriction applies:
Page 12 of 13
AUSTRALIAN INSTITUTE OF CONVEYANCERS (SOUTH AUSTRALIAN DIVISION) INC.
000000004880
ANNEXURES
* There are no documents annexed hereto * The following documents are annexed hereto * Copy of certificate(s) of title to the land * Strata Corporation - particulars supplied pursuant to section 41 and enclosures - copy of the Articles - * copy of the plan of division * Community Corporation - particulars supplied pursuant to section 139 and enclosures - copy of the By-laws - * copy of the Scheme Description - * copy of the Development Contract - * copy of the plan of division * Copy of lease, agreement for lease, tenancy agreement or licence * Form R3 – Buyers Information Notice * Land Tax Certificate - Annexure A * Adelaide Hills Coucil Rates Notice - Annexure B * * * * * *
ACKNOWLEDGEMENT OF RECEIPT
* I / We, the abovenamed Purchaser(s), hereby acknowledge having received this day this Statement under section 7 under the Land and Business (Sale and Conveyancing) Act with the annexures as set out above.
Dated this
Day of
20
Signed:
Purchaser(s)
(*Strike out whichever is not applicable)
Page 13 of 13
000000004880
Form R3 Buyers information notice Land and Business (Sale and Conveyancing) Act 1994 section 13A Land and Business (Sale and Conveyancing) Regulations 2010 regulation 17 Before you buy a home there are a number of things that you should investigate and consider. Though it may not be obvious at the time, there could be matters that may affect your enjoyment of the property, the safety of people on the property or the value of the property. The following questions may help you to identify if a property is appropriate to purchase. In many cases the questions relate to a variety of laws and standards. These laws and standards change over time, so it is important to seek the most up to date information. Various government agencies can provide up to date and relevant information on many of these questions. To find out more, Consumer and Business Services recommends that you check the website: www.cbs.sa.gov.au Consider having a professional building inspection done before proceeding with a purchase. A building inspection will help you answer some of the questions below. The questions have been categorised under the headings Safety, Enjoyment and Value, but all of the issues are relevant to each heading. Safety • Is there asbestos in any of the buildings or elsewhere on the property eg sheds and fences? • Does the property have any significant defects eg cracking or salt damp? Have the wet areas been waterproofed? • Is the property in a bushfire prone area? • Are the electrical wiring, gas installation, plumbing and appliances in good working order and in good condition? Is a safety switch (RCD) installed? Is it working? • Are there any prohibited gas appliances in bedrooms or bathrooms? • Are smoke alarms installed in the house? If so, are they hardwired? Are they in good working order and in good condition? Are they compliant? • Is there a swimming pool and/or spa pool installed on the property? Are there any safety barriers or fences in place? Do they conform to current standards? • Does the property have any termite or other pest infestations? Is there a current preventive termite treatment program in place? Was the property treated at some stage with persistent organochlorins (now banned) or other toxic termiticides? • Has fill been used on the site? Is the soil contaminated by chemical residues or waste? • Does the property use cooling towers or manufactured warm water systems? If so, what are the maintenance requirements?
January 2014
000000004880
Enjoyment • Does the property have any stormwater problems? • Is the property in a flood prone area? Is the property prone to coastal flooding? • Does the property have an on-site wastewater treatment facility such as a septic tank installed? If so, what are the maintenance requirements? Is it compliant? • Is a sewer mains connection available? • Are all gutters, downpipes and stormwater systems in good working order and in good condition? • Is the property near power lines? Are there any trees on the property near power lines? Are you considering planting any trees? Do all structures and trees maintain the required clearance from any power lines? • Are there any significant trees on the property? • Is this property a unit on strata or community title? What could this mean for you? Is this property on strata or community title? Do you understand the restrictions of use and the financial obligations of ownership? Will you have to pay a previous owner's debt or the cost of planned improvements? • Is the property close to a hotel, restaurant or other venue with entertainment consent for live music? Is the property close to any industrial or commercial activity, a busy road or airport etc that may result in the generation of noise or the emission of materials or odours into the air? • What appliances, equipment and fittings are included in the sale of the property? • Is there sufficient car parking space available to the property? Value • Are there any illegal or unapproved additions, extensions or alterations to the buildings on the property? • How energy efficient is the home, including appliances and lighting? What energy sources (eg electricity, gas) are available? • Is the property connected to SA Water operated and maintained mains water? Is a mains water connection available? Does the property have a recycled water connection? What sort of water meter is located on the property (a direct or indirect meter – an indirect meter can be located some distance from the property)? Is the property connected to a water meter that is also serving another property? • Are there water taps outside the building? Is there a watering system installed? Are they in good working order and in good condition? • Does the property have alternative sources of water other than mains water supply (including bore or rainwater)? If so, are there any special maintenance requirements? For more information on these matters visit: www.cbs.sa.gov.au Disclaimer: There may be other issues relevant to the purchase of real estate. If you are unable to ascertain enough information about the questions raised in this form and any other concerns you may have we strongly recommend you obtain independent advice through a building inspection, a lawyer, and a financial adviser. January 2014
CERTIFICATE OF EMERGENCY SERVICES LEVY PAYABLE The Emergency Services Levy working for all South Australians
ABN 19 040 349 865 Emergency Services Funding Act 1998
The details shown are current as at the date of issue.
1281135
PIR Reference No:
DATE OF ISSUE
23/03/2018
O'HALLORAN CONVEYANCING PTY LTD BRIAN O'HALLORAN GPO BOX 1165 ADELAIDE SA 5001
OWNERSHIP NUMBER
OWNERSHIP NAME
12195140
A L SULLIVAN
ENQUIRIES: Tel: (08) 8207 2111 Email: revsaesl@sa.gov.au
PROPERTY DESCRIPTION 57-59 WISSELL ST / BRIDGEWATER SA 5155 / LTS 84 85 F158630 ASSESSMENT NUMBER
TITLE REF.
CAPITAL VALUE
AREA / FACTOR
LAND USE / FACTOR
R4
VA
1.000
0.300
(A "+" indicates multiple titles)
3300615502
CT 5718/993
LEVY DETAILS:
FINANCIAL YEAR 2017-2018
$195,000.00
FIXED CHARGE
$
50.00
+ VARIABLE CHARGE
$
70.90
- REMISSION
$
0.00
- CONCESSION
$
0.00
+ ARREARS / - PAYMENTS
$
-20.54
= AMOUNT PAYABLE
$
100.36
If a concession amount is shown, the validity of the concession should be checked prior to payment of any outstanding levy amount. The expiry date displayed on this Certificate is the last day an update of this Certficate will be issued free of charge. It is not the due date for payment.
Please Note:
EXPIRY DATE
21/06/2018
See overleaf for further information DETACH AND RETURN THE PAYMENT REMITTANCE ADVICE WITH YOUR PAYMENT
CERTIFICATE OF EMERGENCY SERVICES LEVY PAYABLE The Emergency Services Levy working for all South Australians Emergency Services Funding Act 1998
PAYMENT REMITTANCE ADVICE
OWNERSHIP NUMBER 12195140 OWNERSHIP NAME
AGENT NUMBER
A L SULLIVAN
100023957 AGENT NAME
ASSESSMENT NUMBER
O'HALLORAN CONVEYANCING PTY LTD
3300615502
EXPIRY DATE
AMOUNT PAYABLE
21/06/2018
$100.36
+80003759930022>
+001571+
<0550308084>
<0000010036>
+444+
APPLICANTS SHOULD NOTE The amount payable on this Certificate is accurate as at the date of issue and payment should be made on the Certificate as part of the settlement process. Provision of this Certificate does not relieve the land owner of their responsibility to ensure payment of the Emergency Services Levy (ESL) is made by the due date on their Notice of Emergency Services Levy Assessment. This Certificate is only valid for the financial year shown. A check should be made to ensure that this Certificate is in respect of the land subject to sale. RevenueSA cannot accept responsibility for apportioning the ESL in the circumstance that only a portion of the land is being sold. ESL in respect of the whole of the assessment must be paid in full in order to discharge any portion from liability. Notwithstanding payment of the amount payable, the owner as at 12.01am on 1 July in the financial year of this Certificate will remain liable for any additional amount accrued before the date of this Certificate, which may be assessed on the land. If the amount payable is not paid in full, the purchaser may become liable for the whole of the amount of ESL outstanding as at the date of settlement, prior to any recovery action being taken against the vendor. If the change of ownership is to occur in the following financial year, requests for Certificates should be made after 30 June. Clients who have requested ten or more Certificates during the past 12 months are required to request Certificates, updates and effect payment of Certificates on-line through RevNet. For more information, see www.revnet.sa.gov.au or telephone the RevNet help line on (08) 8207 2333.
PAYMENT OF THIS CERTIFICATE CAN ONLY BE MADE Online at: www.revnet.sa.gov.au
OR
By Post to: RevenueSA Locked Bag 555 ADELAIDE SA 5001
Your Agent Ian Harvy
“People come and go in this industry, but if you’ve been around for a while you build up a bit of credibility - a huge part of my business now comes from referrals and repeat business, and I take that trust very seriously.”