Aldgate 146 Mount Barker Road
2,245m2 A 4 B 2 C 2 J
Supreme Location With A Leafy Outlook!
For Sale
Ideally located just minutes from both central Stirling & Aldgate and just 10 minutes to the tollgate; this is an excellent opportunity to secure a unique home in the sought-after address of Aldgate. Maximising the leafy outlooks, the home is set back well away from the road on a spacious 2,245sqm allotment. The home itself is quirky, with beautiful Indian gates and stained glass windows as your front door; each window of the home has a view over the peaceful garden setting and filling the rooms with an array of natural light. The home offers 4 bedrooms, main with walk in robe and ensuite as well as its own private balcony, modern kitchen with open plan living complete with split system air conditioner and slow combustion heater providing year round comfort. Sit back and relax under the rear courtyard with a local Hills glass of wine while you absorb the beautiful Hills lifestyle or walk across the road to Patch Kitchen & Garden for your freshly brewed coffee.
View By Appointment www.harcourts.com.au/SMB23553
If you are seriously considering this property, we strongly recommend that you leave your details with our Sales Consultant. While every endeavour has been made to verify the correct details in this publication, neither the Agent nor the Vendor accept liability for any error or omission.
www.adelaidehills.harcourts.com.au
Sam Oborn M 0415Â 173Â 133 sam.oborn@harcourts.com.au
Harcourts Adelaide Hills RLA 158908, 58 Gawler Street
Adelaide Hills
CT Reference
5564/878
Features We Love:
Woodlot
Year Built
1935
Additional outbuildings
Chook shed
Council
Adelaide Hills
Cellar underneath main home
Small wood shed
Council Rates
$1,820.40 p.a.
Reverse cycle air conditioner
Land Size
2,245 sqm
Combustion heater
Short 20 minute drive to CBD
Rainwater storage Room for veggie patch
If you are seriously considering this property we strongly recommend that you leave your details with our Sales Consultant so that you can be contacted if the Vendor decides to accept offers prior to auction. All bidders are requested to complete a Registration Form prior to commencement of the auction. The vendor's statement may be inspected at Adelaide Hills, 58 Gawler Street, Mount Barker for 3 consecutive business days immediately preceding the auction; and at the auction for 30 minutes before it starts.
www.adelaidehills.harcourts.com.au
Adelaide Hills Adelaide Hills
000001076295
Residential Contract: Schedule 1. VENDOR: Full Name(s):
Wendy Isabel Scott
Primary Contact: Given Name: Street:
Surname:
146 Mount Barker Road
Suburb: Aldgate
State: SA
Postcode: 5154
ABN (if applicable): 2. PURCHASER: Full Name(s):
Primary Contact: Given Name:
Surname:
Street: Suburb:
State:
Postcode:
ABN (if applicable): 3. AGENT: Company Name/Legal Entity: Shorland Estates T/As Harcourts Adelaide Hills Company Representative: Sam Oborn Street:
PO Box 1337
Suburb: MOUNT BARKER
State: SA
ABN (if applicable): 65 087 325 353 Telephone: Email:
Postcode: 5251
RLA No: 158908
W: 08 83913133
M: 0415 173 133
F: 08 83913199
sam.oborn@harcourts.com.au
4. THE LAND: The *whole/part of the land in Certificate of Title, Volume 5564 being *unimproved/improved land located at
Folio 878
Street: 146 Mount Barker Road
Suburb: Aldgate
State: SA
*Allotment/Section/Unit/Lot 53
Postcode: 5154
on *Strata/Primary/Community/Deposited/Filed Plan No. 157899
in the area named Aldgate
in the Hundred of Noarlunga
in the Council area of Adelaide Hills Council Other description of Property:
5. GST Is the Vendor liable for GST on the Property?
Yes (if Yes then attach relevant GST Annexure)
No
Note: The Agent is not qualified to provide advice on GST and other taxation issues relating to the sale or purchase of the Property. The Vendor or Purchaser must obtain their own independent professional taxation advice 6. PURCHASE PRICE The sum of:
Amount Payable for the Property
$
GST (if applicable):
$-
Total Purchase Price:
$
(* Delete as applicable)
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Residential Contract: Schedule 7. DEPOSIT PAYABLE:
$
on the next business day following the expiration of the cooling off period (section 5 of the Land and Business (Sale and Conveyancing) Act 1994); OR upon signing of this Agreement; OR on or before
/
/ 20
OR
secured by Guarantee (pursuant to Annexure – Provision of Deposit by way of Guarantee) OR Other (specify) 8. SETTLEMENT DATE On the
day of
20
Within
days of the satisfaction of the Special Condition(s) (if any), whichever is the later
OR AND/OR Other date as may be agreed between the parties in writing 9. INCLUDED CHATTELS:
Not applicable
Specify
Built in furniture, fixed floor coverings, light fittings, window treatments & fittings,
Note:
Any included chattels subject to hire purchase or other finance arrangement must be paid out on or prior to Settlement by the Vendor, at the Vendor’s expense, so that chattels are transferred free of encumbrance to the Purchaser at Settlement.
10. EXCLUDED CHATTELS:
Not applicable
Specify
All Vendor's and/or Tenant's personal effects & chattels, loose floor coverings, freestanding furniture, garden pots & ornaments
11. EXCEPTIONS:
None Known
Easements
Encumbrances
Rights Of Way
Party Wall Rights
Details Or Any Other Exceptions:
Is sale subject to an existing tenancy?
12. TENANCIES:
Yes
No
Managing Agent
T.
Tenant (Name/s) Term:
Rent Payable:
Fixed:
Commencement Date
/
/ 20
Periodic:
Commencement Date
/
/ 20
$
/
/ 20
per
Payable in advance Security Bond:
End Date
Weekly
Fortnightly
Amount $
13. NOTICES AND ORDERS:
Calendar monthly Lodged in Residential Tenancies Fund
None known
Yes
No
Specify
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Residential Contract: Schedule 14. KNOWN BREACHES OF STRATA TITLES ACT 1988/COMMUNITY TITLES ACT 1996: Body Corporate Manager: Details of breach:
None known
Not applicable
Telephone:
15. ALTERATIONS, REPAIRS AND IMPROVEMENTS ERECTED WITHOUT CONSENT:
16. KNOWN ENCROACHMENTS AND FENCES NOT ON BOUNDARIES:
None known
None known
Specify
Specify
17. COMPLIANCE WITH POOL SAFETY REQUIREMENTS Not Applicable Not known Compliant with Development Act 1993 (as amended) requirements relating to pre 1993 swimming pools (for swimming pools built prior to June 1993). Compliant with Development Act 1993 (as amended) requirements relating to post 1993 swimming pools (for swimming pools built after June 1993). Not compliant Specify details of non-compliance
NOTE: Where a pool is constructed prior to June 1993, immediately prior to settlement that pool must comply with the Development Act 1993 in respect of pool safety barriers (the requirements being outlined in Ministerial Specification SA 76D). Where a pool is constructed after June 1993, immediately prior to settlement that pool must comply with the Development Act 1993 in respect of all pool safety requirements outlined in that Act (and associated regulations). 18. WORKS TO BE CARRIED OUT BY VENDOR:
19. SPECIAL CONDITIONS:
Not applicable
Specify
Not Applicable
Subject to Finance – refer Annexure Subject to Sale and Settlement of Purchaser's Property – refer Annexure Subject to Settlement of Purchaser's Property – refer Annexure Subject to the Foreign Resident Withholding Regime – Refer Annexure Other – refer Annexure 20. FURTHER TERMS OF SALE:
Not Applicable
Other – refer Annexure Provision of Deposit by way of Guarantee - refer Annexure As described below
Annexure A - additional terms
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Contract - Annexure: Smoke Alarms in Dwellings Development Regulations 2008 76B—Fire safety requirements—smoke alarms in dwellings 1. This regulation applies to Class 1 and 2 buildings under the Building Code (whenever constructed). 2. Subject to any other requirement in the Building Code, 1 or more smoke alarms complying with Australian Standard 3786–1993 (as in force from time to time) must be installed in each dwelling that is, or forms part of, a building to which this regulation applies in locations that will provide reasonable warning to occupants of bedrooms in that dwelling so that they may safely evacuate in the event of fire. 3. If title of land on which a building to which this regulation applies is situated is transferred, then, within 6 months from the day on which title is transferred, each dwelling that is, or forms part of, the building must have a smoke alarm or smoke alarms in accordance with the requirements of subregulation (2) that are powered through a mains source of electricity (unless the building is not connected to a mains source of electricity) or powered by 10 year life non-replaceable, non-removable permanently connected batteries. 4. If a smoke alarm or smoke alarms are not installed in a building to which this regulation applies in accordance with the requirements of this regulation, the owner of the building is guilty of an offence. Maximum penalty: $750. 5. For the purposes of this regulation— (a)
the transfer of the interest of— (i) (ii) (iii)
a unit holder of a unit under the Strata Titles Act 1988; or an owner of a community lot under the Community Titles Act 1996; or an occupant of a unit in a building unit scheme,
will be taken to be a transfer of title of land; and (b)
land will be taken to include a unit under the Strata Titles Act 1988, a community lot under the Community Titles Act 1996 and a unit in a building unit scheme (and to the extent that such a unit or community lot comprises a building, it will be taken that the building is situated on that unit or lot); and
(c)
a unit holder of a unit under the Strata Titles Act 1988, an owner of a community lot under the Community Titles Act 1996 or an occupant of a unit in a building unit scheme will be taken to be the owner of any building comprising the unit or lot.
For further information contact your local Council or Metropolitan Fire Service on (08) 8204 3611
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SPECIAL CONDITION Foreign Resident Withholding Regime 1.
Foreign Resident Withholding (a) This special condition applies (despite any other provision of the Agreement) if: (1) the Purchase Price of the Property is $750,000 or more and the Vendor does not provide a Clearance Certificate to the Purchaser at least 5 Business Days before Settlement; or (2) for any other reason the Purchaser is obliged to pay a Withholding Amount to the Commissioner. (b) If this special condition applies: (1) the Purchaser must deduct the Withholding Amount from the Purchase Price and pay the Withholding Amount to the Commissioner by no later than Settlement; (2) if the Purchaser provides to the Vendor at Settlement: (A) evidence from the Commissioner or the Australian Taxation Office that the Withholding Amount has been paid to the Commissioner; or (B) a written undertaking from the Purchaser (or Purchaser’s Representative) to pay the Withholding Amount to the Commissioner immediately following Settlement; or (C) any other evidence relating to the payment of the Withholding Amount that is acceptable to the Vendor, the Purchaser is not required to pay that part of the Purchase Price to the Vendor; (c) if special condition 1(b)(2)(B) applies, the Purchaser will be treated as having given an irrevocable authority and direction to the Purchaser’s Representative to pay the Withholding Amount to the Commissioner immediately following Settlement. (d) Any Variation Notice not provided to the Purchaser at least 5 Business Days before Settlement is to be disregarded for the purposes of determining that amount. (e) In this special condition 1: Clearance Certificate means a current certificate issued by the Commissioner of Taxation under section 14-220 of Schedule 1 to the Tax Administration Act that applies to the Vendor (and if the Vendor consists of more than one person, to each person who comprises the Vendor) in respect of the sale of the Property. Commissioner has the meaning given in the Tax Administration Act 1953. Tax Administration Act means the Tax Administration Act 1953 (Cth). Variation Notice means a written notice issued by the Commissioner under section 14-235 of the Tax Administration Act to vary the amount otherwise payable by the Purchaser under section 14-200 of the Tax Administration Act. Withholding Amount means the amount which the Purchaser is required by section 14-200 of Schedule 1 to the Tax Administration Act to pay to the Commissioner in respect of the purchase of the Property.
For Information Only - This Annexure MUST BE USED for any contract of sale executed on or after 1 July 2017 that is sold at or above $750,000
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ANNEXURE A -
000001076295
CONTRACT
This Annexure page is to be used only if there is insufficient space in the Schedule. Please insert the relevant corresponding Item number and heading. ITEM
DESCRIPTION:
A) Harcourts Adelaide Hills & its associates will from time to time receive gifts from various suppliers of services. This is common in a business sense and results from suppliers valuing patronage. The law requires disclosure of benefits provided and Harcourts Adelaide Hills warrants that they are both immaterial in value and do not cause any derogation of our duties to you as Vendor. B) The Vendor acknowledges that they understand that a prospective Purchaser of the property may subsequently become a client of Harcourts Adelaide Hills Sales and or Property Management C) Harcourts Adelaide Hills may receive commissions and or benefits from printing, advertising placements and media from time to time.
Limitation of Liability If the Form 1 (or a document purporting to be a Form 1) prepared by the Agent is defective and as a result, the prospective purchaser validly exercises a right to cool-off under Section 5 of the Act on the basis that the prescribed time (as defined in section 5(8)(a) of the Act) has not commenced to run, then despite any other provision of this Agency Agreement, the liability of the Agent to the Vendor (in contract, tort or under statute) is limited (to the extent allowed by law) to an amount equal to the Professional Fee that would have been payable if Settlement had occurred. In this paragraph defective means the Form 1 (or a document purporting to be a Form 1) does not comply with the Act (or the Regulations to the Act) for any reason other than the wilful default of the Agent.
Photography The Vendor acknowledges that all photographs taken by or on behalf of our Agency remain the property of Harcourts Adelaide Hills and are protected by copyright.
Maintaining the Property The Vendor acknowledges that the property will be handed over at settlement in the same condition as which the Purchaser inspected the property. The Vendor indemnifies that Agent for any costs associated with the property not being handed over in a satisfactory condition.
PRIVACY COLLECTION STATEMENT This privacy collection statement applies to Harcourts Group (Australia) Pty Ltd, Finservice Pty Limited (trading as Mortgage Express), Harcourts Complete, Strand Conveyancing and their related entities and Harcourts franchisees (Harcourts). Harcourts collects your personal information for purposes such as administering open houses, providing you with the services that you request, seeking customer feedback from you, undertaking credit checks, reporting to a tenancy default database, providing you with information about financial products offered by third party lenders, market research purposes and direct marketing communications about the products, services and promotions offered by Harcourts. We may also disclose your personal information to third parties who assist us in providing such services and promotions, and other third parties as required by law. Harcourts will not disclose your personal information to recipients overseas without your consent, except where required or permitted to do so by law. If you do not provide the requested personal information, Harcourts may be unable to provide you with the products and services you seek. Harcourts privacy policies contain information about how you may seek access to, or correction of, personal information that Harcourts holds about you, how you can complain to Harcourts if you believe your privacy rights have been breached, and how Harcourts will handle your complaint. If you would like further information, please contact Harcourts' Privacy Officer on +61 7 3839 3100 or at privacy@harcourts.com.au. INITIALS Initials not required if using electronic signature
ANNEXURE
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Contract: Terms and Conditions Notice to purchaser: This is a contract for the sale of residential land. You may be bound by the terms of this contract if it is signed by both you and the vendor. You should seek independent legal advice if you are unsure about the terms contained in this contract. It is advisable to check section 5 of the Land and Business (Sale and Conveyancing) Act 1994 regarding any cooling-off rights that you may have and how to exercise them. 1. Agreement for Sale and Purchase The Vendor agrees to sell the Property and the Purchaser agrees to buy the Property for the Purchase Price on the terms and conditions of this Agreement. 2. Definitions and Interpretation 2.1 Definitions In this Agreement, unless a contrary intention appears: 2.1.1 "Act" means the Land and Business (Sale and Conveyancing) Act 1994 as amended; 2.1.2 "Agent" means the person or entity specified in Item 3 of the Schedule; 2.1.3 "Agreement" means this Agreement, the Schedule and any Annexure; 2.1.4 "Annexure" means an annexure to this Agreement; 2.1.5 "Certificate of Title" means the Certificate of Title or other best evidence of the Vendor's interest in the Property; 2.1.6 "Default Rate" means the rate of interest on the date default occurs, five (5) percentage points above the cash rate notified by the Reserve Bank of Australia; 2.1.7 "Deposit" means the sum of money specified in Item 7 of the Schedule; 2.1.8 "Exceptions" means any easements, rights, privileges and appurtenances referred to on the Certificate of Title and any encumbrances, charges, exceptions, reservations and other interests specified in Item 11 of the Schedule or the Form 1, to which the Property is sold subject to; 2.1.9 "Excluded Chattels" means the items specified in Item 10 of the Schedule; 2.1.10 "Form 1" means the Vendor’s statement required under section 7 of the Act; 2.1.11 "Further Terms" means the terms specified in Item 20 of the Schedule; 2.1.12 "GST" means any goods and services tax or similar or comparable tax imposed by and defined in the GST Law; 2.1.13 "GST Law" means the A New Tax System (Goods and Services Tax) Act 1999 and any other Act or Regulation pursuant to, associated with, amending or replacing that Act. Any expression used in this Agreement that is also defined in the GST Law shall have the meaning used or attributed to that expression by the GST Law; 2.1.14 "Included Chattels" means the items specified in Item 9 of the Schedule; 2.1.15 "Income" means all rent, fees, benefits and other monies received or receivable by the Vendor that are directly attributable to the use by any third party of the Property; 2.1.16 "Outgoings" means all rates, levies, taxes (including, but not limited to land tax), assessments, charges and all other amounts payable by or chargeable to the Vendor in respect of the Property; 2.1.17 "Property" means the land specified in Item 4 of the Schedule together with: (a) the easements, rights, privileges and appurtenances referred to on the Certificate of Title or Form 1; and (b) any improvements and fixtures and fittings; and (c) the Included Chattels; 2.1.18 "Purchase Price" means the sum of money specified in Item 6 of the Schedule; 2.1.19 "Purchaser" means the person or entity specified in Item 2 of the Schedule; 2.1.20 "Settlement" means completion of the sale and purchase of the Property from the Vendor to the Purchaser; 2.1.21 "Settlement Date" means the date specified in Item 8 of the Schedule; 2.1.22 "Special Condition" means a special condition set out in or annexed to this Agreement; 2.1.23 "Tenancies" means any tenancy specified in Item 12 of the Schedule; 2.1.24 "Transfer" means a Memorandum of Transfer (or other appropriate conveyance) of the Property and where applicable, any other documents supplied by the Vendor to the Purchaser necessary to transfer title to the Property to the Purchaser; 2.1.25 "Vendor" means the person or entity specified in Item 1 of the Schedule; 2.1.26 "Works" means the items specified in Item 18 of the Schedule. 2.2 Interpretation In this Agreement, unless a contrary intention appears: 2.2.1 words which denote the singular include the plural and vice versa; 2.2.2 words which denote natural persons include corporations and vice versa; and (a) reference to a natural person includes that person and that person's personal representatives, assigns and permitted nominees; and (b) reference to a corporation includes such corporation and its successors, assigns and permitted nominees; 2.2.3 where a party to this Agreement consists of more than one person then: (a) any covenant or obligation to be performed by that party shall bind each of those persons jointly and severally; and (b) any reference to that party shall include any one or more of those persons; 2.2.4 headings are included in this Agreement for convenience and do not form any part of this Agreement or affect its interpretation. 2.2.5 may be signed in any number of counterparts and by different persons on separate counterparts. The combination of all counterparts will together constitute the one Agreement. 3. Payment 3.1 All monies payable by the Purchaser prior to Settlement will be paid to the Agent to be held in trust until Settlement and will be applied to any amounts due to the Agent and then to the Purchase Price. 3.2 The balance of the Purchase Price will be paid at Settlement as directed by the Vendor. 4. Prior to Settlement 4.1 The Purchaser must execute and deliver to the Vendor at least seven (7) days before the Settlement Date: 4.1.1 a Transfer; and INITIALS Initials not required if using electronic signature
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Contract: Terms and Conditions 4.1.2 any assignment or other instrument required to transfer title to the Property to the Purchaser. In the event the Purchaser does not provide the Vendor with the Transfer in accordance with clause 4.1, the Purchaser authorises the Vendor to prepare the Transfer at the Purchaser's expense. 4.3 The Vendor must notify the Purchaser at least two (2) business days before the Settlement Date of the details of any bank cheques required at Settlement Date. 4.4 In the event the Vendor fails to notify the Purchaser in accordance with clause 4.3, the Purchaser must tender the total amount due to the Vendor at Settlement. 5. Settlement 5.1 Unless otherwise agreed, Settlement must occur at the Lands Titles Office in Adelaide on the Settlement Date. 5.2 At or before Settlement (provided the Purchaser has complied with its obligations under this Agreement), the Vendor must hand to the Purchaser the duly executed Transfer and any other documents required to transfer title to the Property to the Purchaser. 5.3 All Outgoings and Income will be adjusted to midnight of the day prior to the Settlement Date. 5.4 For the purposes of clause 5.3, the following method of adjustment will apply (as applicable): 5.4.1 the current annual water allowance and the water consumed by the Vendor during the current water consumption year will be calculated on a daily basis. Any water consumed in excess of the allowance prior to the Settlement Date is to be adjusted, either before or as soon as possible after the Settlement Date, at the price of water for the current year; 5.4.2 land tax will be adjusted on a single holding basis; 5.4.3 if the Property comprises a unit in a deposited strata plan or a lot in a deposited community plan, then clause 8 applies. 5.5 If the Vendor incurs any cost in complying with a statutory requirement (which it did not have notice of prior to entering into this Agreement) between the date of this Agreement and the Settlement Date, the Purchaser must pay the Vendor that amount on Settlement. 5.6 The parties may settle under protest if there is a dispute in respect of amounts payable under this Agreement and Settlement will not in any way constitute a waiver of the rights of either party. 6. Vacant Possession 6.1 Subject to any Tenancies, the Vendor will provide the Purchaser with vacant possession at Settlement. 6.2 For the purposes of clause 6.1, providing vacant possession includes, but is not limited to: 6.2.1 the removal of the Excluded Chattels and making good any damage arising from that removal; 6.2.2 giving possession of the Included Chattels free of any debt or encumbrance; 6.2.3 delivering all keys and security devices to the Property to the Purchaser. 7. Title and Risk 7.1 Subject to clause 7.2, from the date of this Agreement the Property shall be at the risk of the Purchaser; 7.2 the Vendor must use the Property with all reasonable care so as to maintain its current state of repair and condition, fair wear and tear excluded. 7.3 The Certificate of Title will be conclusive evidence of the Vendor's title. 8. Strata and Community Title If the Property comprises a unit in a deposited strata plan or a lot in a deposited community plan, the following provisions apply: 8.1 The following further adjustments between the parties shall be made: 8.1.1 if, at the Settlement Date, the Vendor has paid any monies to a fund or funds established under section 27 of the Strata Titles Act 1988 or Section 6 of the Community Titles Act 1996, before the due date for payment, the total amount of the pre-payment will be adjusted and paid by the Purchaser to the Vendor at Settlement; and 8.1.2 if there is no such fund or funds or there is a deficiency to meet the reasonably ascertainable outstanding current liabilities, or if the Vendor is in default in the payment to the Strata or Community Title Corporation, the proportion of the deficiency applicable to the Property or the amount by which the Vendor is in default (as the case may be) shall be adjusted and paid by the Vendor to the Purchaser at Settlement. 8.2 The Vendor declares that, to its best knowledge, and except as shown in Item 14 of the Schedule, there is presently no breach of the Strata Titles Act 1988, or the Articles of the Strata Corporation, or the Community Titles Act 1996, or the by-laws of the corporations. 8.3 The Vendor will use its best endeavours to obtain from the Strata or Community Title Corporation and give to the Purchaser, at least fourteen (14) days before the Settlement Date, copies of the documents which must be supplied to the Vendor by a Strata Corporation pursuant to section 41 of the Strata Titles Act 1988 or by a Community Title Corporation pursuant to section 139 of the Community Titles Act 1996 and any associated costs shall be paid by the Purchaser to the Vendor at Settlement. 8.4 If requested by the Purchaser in writing, the Vendor will apply to the Secretary of the Strata or Community Title Corporation to authorise the Purchaser to inspect the records of the Corporation in accordance with the provisions of section 41 of the Strata Titles Act 1988 or section 139 of the Community Titles Act 1996 as the case may be, and any associated costs shall be paid by the Purchaser to the Vendor at Settlement. 9. Misdescription Subject to any applicable laws, this Agreement may not be terminated for any error, omission or misdescription of the Property but either party will be entitled to compensation from the other for any loss or damage arising from the error or misdescription if notified and demanded within fourteen (14) days of Settlement. 10. Vendor Warranties Except as outlined in the Schedule or the Form 1, the Vendor warrants that, to the best of its knowledge, at the date of this Agreement that: 10.1 there are no outstanding matters regarding the repair or erection of a fence between the Property and any adjoining properties under the Fences Act 1975; 10.2 there are no outstanding demands, orders or requisitions relating to the Property; 10.3 there are no proposals for the redirection or alteration of any road adjoining the Property that would materially affect the value or use of the Property; 10.4 there are no amounts owing to any authority for any works performed by that authority in respect of the Property; 10.5 where there is a pool on the Property, that unless specified in Item 17 of the Schedule, the pool complies with all relevant safety requirements as specified in relevant legislation, regulations and standards governing pool safety; 10.6 since becoming the registered proprietor of the Property, no unapproved building work has been carried out on the Property. 4.2
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Contract: Terms and Conditions 11. Boundaries The Vendor does not warrant that: 11.1 there are no fences, buildings or improvements which are not on or within the boundaries of the Property; 11.2 there are no improvements or fixtures upon adjoining land encroaching on the Property; 11.3 there are no improvements or fixtures on the Property encroaching on adjoining land. 12. Works Before Settlement, the Vendor will carry out the Works (if any). 13. Further Terms 13.1 The parties agree to comply with the Further Terms (if any). 13.2 In the case of inconsistency between these terms and conditions and the Further Terms, the Further Terms shall apply to the extent of any inconsistency. 14. Special Conditions 14.1 This Agreement is subject to the satisfaction of the Special Conditions (if any). 14.2 The party required to satisfy a Special Condition must use its best endeavours to do so on or before the date specified in that Special Condition (or if not specified, within twenty one (21) days of the date of this Agreement). 14.3 If a party fails to satisfy a Special Condition then: 14.3.1 if the party required to satisfy the Special Condition complies with clause 14.2 and such other terms and conditions as specified in the Special Condition, then either party may terminate this Agreement upon written notice to the other party; or 14.3.2 if the party required to satisfy the Special Condition fails to comply with clause 14.2, or is otherwise in breach of such other terms and conditions specified in the Special Condition, then such an event will be deemed a default under this Agreement and: (a) if the Purchaser is in default, clauses 15.3 and 15.4 will apply; or (b) if the Vendor is in default, clauses 16.1 and 16.2 will apply. 14.4 If this Agreement is terminated pursuant to clause 14.3.1, then any monies paid by or on behalf of the relevant party under this Agreement shall be refunded to that party. 14.5 If this Agreement is terminated pursuant to, or as a result of clause 14.3.2 then: 14.5.1 if the Purchaser is in default, clauses 15.10 and 15.11 will apply; or 14.5.2 if the Vendor is in default, clause 16.2 will apply 15. Purchaser's Default 15.1 If for any reason whatsoever, except for the neglect or default of the Vendor, Settlement does not occur on the Settlement Date (or some other date as agreed in writing between the parties), the Purchaser must pay interest on the total Purchase Price (less any deposit paid) from the Settlement Date until the earlier of the date full payment is made or the date of termination, at the Default Rate. 15.2 The payment of interest under clause 15.1 shall be in addition to, and without prejudice to any other rights or remedies the Vendor has by reason of the Purchaser’s default. 15.3 Without prejudice to any other rights, if the Purchaser fails to pay the Deposit or any part of the Deposit, or otherwise fails to observe or perform any obligations imposed on the Purchaser under this Agreement prior to the Settlement Date (or such other date as specified), the Vendor may give the Purchaser written notice requiring the Purchaser to remedy the default ("Notice of Default") within three (3) business days of the date of the Notice of Default. If the Purchaser fails to remedy the default within the time specified in the Notice of Default, the Agreement will automatically terminate at the expiration of that period unless the Vendor withdraws the notice in writing. 15.4 A Notice of Default under clause 15.3: 15.4.1 may be given at any time after the occurrence of the default; 15.4.2 must state that unless the default identified in the Notice of Default is remedied within the time specified, this Agreement will automatically terminate. 15.5 If the Purchaser fails to complete Settlement on the Settlement Date and does not settle within three (3) business days from the Settlement Date, the Vendor may provide the Purchaser with a notice to complete settlement ("Notice of Completion"). 15.6 The Notice of Completion must appoint a time for Settlement (with a minimum ten (10) business days notice) and require the Purchaser to settle at the time provided in the Notice of Completion. 15.7 If the Purchaser does not comply with the Notice of Completion, the Vendor may terminate this Agreement by further written notice to the Purchaser without prejudice to any of its other rights. 15.8 A Notice of Completion can be given more than once. 15.9 The Vendor may, but is not obliged to, waive its right to a re-adjustment of Outgoings if Settlement is postponed due to the Purchaser's default. 15.10 If this Agreement is terminated in accordance with this clause 15, the Vendor may retain the Deposit and (at the Vendor’s option): 15.10.1 retain the Property; or 15.10.2 resell the Property; and in either event sue the Purchaser for damages for breach of contract. 15.11 If the Vendor elects to resell the Property pursuant to clause 15.10.2, then: 15.11.1 the Purchaser will forthwith be required to pay to the Vendor: (a) any deficiency between the Purchase Price and the price obtained upon reselling the Property; and (b) all costs, expenses and fees associated with or arising from the resale, by way of liquidated damages (the Purchaser receiving credit for any Deposit); and 15.11.2 the Vendor will be entitled to any surplus of the sale price over the Purchase Price. 15.12 The Vendor is not required to tender a Transfer before exercising any of its rights under this clause 15. 15.13 If the Settlement Date is postponed, all Income from the Property shall be readjusted as at midnight on the day preceding Settlement, but Outgoings shall remain adjusted to the Settlement Date. 16. Vendor's Default 16.1 Without prejudice to any other rights, if the Vendor is in breach of this Agreement, the Purchaser must give the Vendor written notice to remedy the default within three (3) business days of service of the notice. INITIALS 16.2 Where the Vendor fails to comply with that notice, the Purchaser may: Initials not required if using electronic signature
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Contract: Terms and Conditions 16.2.1
terminate this Agreement by further written notice in which case all monies paid by the Purchaser must be refunded by the Vendor forthwith; or 16.2.2 postpone the Settlement Date until such time as the breach is remedied in which case the Vendor will pay to the Purchaser (at the Purchaser’s absolute discretion): (a) interest at the Default Rate on the full Purchase Price from the Settlement Date to the date when the breach ceases and is notified to the Purchaser; or (b) the amount of the actual damage suffered by the Purchaser. 16.3 If the Settlement Date is postponed, all Outgoings from the Property shall be readjusted to midnight on the day preceding Settlement, but Income remains adjusted to the Settlement Date. 17. Time Time is of the essence in respect of any obligation under clause 15 and clause 16. 18. Goods and Services Tax (GST) If the Vendor and Purchaser acknowledge that GST applies to any supply made under or in connection with this Agreement by the Vendor, then it applies in accordance with the GST Annexure to this Agreement. 19. Miscellaneous 19.1 Notices under this Agreement: 19.1.1 must be in writing and signed by the party giving notice, or its authorised agent; 19.1.2 may be served: (a) by being left at the last known residence or place of business of the intended recipient; or (b) by being sent by ordinary post in a pre-paid envelope to the address of the party set out in this Agreement; 19.1.3 will be deemed served if posted in accordance with clause 19.1.2(b), two (2) business days after posting; and 19.1.4 will be deemed sufficiently served if served in accordance with this clause on one of several persons comprising the Vendor or the Purchaser. 19.1.5 either party may charge the other party for its reasonable costs for preparing and serving any Default Notice or Notice to Complete under this Agreement up to a maximum amount of $700 (exclusive of GST) per notice together with any incidental out of pocket costs reasonably incurred (including the costs of service), and any amount so charged must be paid at Settlement or on termination of this Agreement. 19.2 No Merger The provisions of this Agreement shall not merge upon Settlement. 19.3 Cheques 19.3.1 The Deposit may be paid by cheque but if it is not honoured on presentation, the Purchaser shall immediately and without notice be in default. 19.3.2 Any other payment due under this Agreement shall be made either in cash, by bank cheque or electronic transfer of funds to the Parties nominated bank account 19.4 Costs The costs of and incidental to the preparation of the Transfer (but not of any document needed to clear the title of the Vendor to the Property) and all stamp duty, registration fees and Government fees, duties and all disbursements in respect of those documents and this Agreement must be paid by the Purchaser. 19.5 Date of this Agreement The date of this Agreement is the date on which the last of the parties executes it. 19.6 Legal Capacity of Purchaser 19.6.1 The Purchaser warrants that each natural person included in the description of the Purchaser has full legal capacity. 19.6.2 The Purchaser further warrants that it is not (except as set out in any Special Condition) required to seek approval for purchase under the Foreign Acquisitions and Takeovers Act 1975 as amended and any breach of this clause entitles the Vendor to terminate. 20. Privacy Act 1988 20.1 The parties agree and acknowledge that the Agent uses personal information collected from the Purchaser and Vendor to act as the Vendor’s agent and to perform their obligations under this Agreement. 20.2 The Agent may disclose this information to other parties including conveyancers, legal advisers, financial institutions and government bodies. 20.3 The Agent will only disclose information in the way described in clause 20.2 as required to perform its duties under this Agreement, to achieve the purposes specified above or as otherwise allowed under the Privacy Act 1988. 20.4 If the Vendor or Purchaser would like to access this information or correct or update this information, they can do so by contacting the Agent at the address and telephone number provided in this Agreement. 21. Other Conditions This Agreement includes other terms and conditions as specified in or attached to this Agreement (including Annexures). 22. Governing Law This Agreement is governed by and construed in accordance with the laws from time to time in force in South Australia and the parties submit to the non-exclusive jurisdiction of the Courts of South Australia. 23. General If any provision of this Agreement shall be found by a Court of competent jurisdiction to be invalid or unenforceable in law, then in such case the parties hereby request and direct such court to sever such provision from this Agreement. 24. eConveyancing Conditions 24.1 If each party is or has engaged an Australian Legal Practitioner and/or Licensed Conveyancer (Legal Representative), the parties may agree in writing not less than 5 business days before Settlement, to elect that Settlement take place using an Electronic Lodgement Network (Electronic Conveyancing). 24.2 If the Settlement is to take place by Electronic Conveyancing in accordance with 24.1 above, the parties hereby agree that they will be bound by the Model Rules for Electronic Conveyancing (Model Rules) as in force at the date of Settlement and available at the REISA website www.reisa.com.au. INITIALS Initials not required if using electronic signature
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Contract: Execution EXECUTION SIGNED by or on behalf of THE PURCHASER on the
day of
20
in the presence of:
Witness:
Purchaser/s SIGNED by or on behalf of THE VENDOR on the
day of
20
in the presence of:
Witness:
Vendor/s Vendor / Purchaser Please Note: 1. REISA recommends that you should not sign any document unless you are satisfied that you understand its terms. 2. Use of this Agreement by a non-member of REISA is a breach of Copyright. RECEIPT OF FORM R3 In executing this Agreement, the Purchaser acknowledges receipt of Form R3 prior to signing this Contract
OFFICE USE ONLY Form R3 provided to Purchaser prior to signing of Contract
AUCTION CONDITIONS Applicable Not Applicable The Conditions of Sale of Real Property by Public Auction of the Real Estate Institute of South Australia exhibited prior to the Auction shall apply to the Agreement. If sold by auction then the deposit of 10% of the Purchase Price (or such other amount determined by the auctioneer or Agent prior to the auction and advised by the Purchaser prior to the auction) is payable immediately upon the highest successful acceptance of the bid above the reserve. Note: There is no "cooling-off" period under the Act for sale under auction conditions or if the Purchaser waives the right to "cool-off" by obtaining independent legal advice and delivering a Certificate (section 5 of the Act) to the Agent.
NOTE: ALL PARTIES SHOULD INITIAL ALL PAGES INITIALS Initials not required if using electronic signature
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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
Enjoyment
000001076295
• 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.
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Form R7 Warning Notice Financial and Investment Advice Land and Business (Sale and Conveyancing) Act 1994 section 24B Land and Business (Sale and Conveyancing) Regulations 2010 regulation 21
A land agent or sales representative who provides financial or investment advice to you in connection with the sale or purchase of land or a business is obliged to tell you the following — You should assess the suitability of any purchase of the land or business in light of your own needs and circumstances by seeking independent financial and legal advice.
NOTE: For the purposes of section 24B of the Act, an agent or sales representative who provides financial or investment advice to a person in connection with the sale or purchase of land or a business must • in the case of oral advice - immediately before giving the advice, give the person warning of the matters set out in this Form orally, prefaced by the words "I am legally required to give you this warning"; or • in the case of written advice - at the same time as giving the advice or as soon as reasonably practicable after giving the advice, give the person this Form, printed or typewritten in not smaller than 12-point type.
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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.
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
Your agent Sam Oborn
Residing in the Hills for his entire life, meet Sam, who’s not your typical real estate agent with a strong passion for helping people achieve their dreams. Formidable marketing skills, an impeccable work ethic and a talent for identifying his clients’ needs have set Sam on an impressive career trajectory selling rural and lifestyle properties across the beautiful Adelaide Hills, with a particular focus on Hahndorf. And six years on, his drive and enthusiasm are stronger than ever. Following a successful career in the highly competitive wine industry that saw him working overseas and achieving top level results, Sam returned home to study a Master of Business (Property). To work as a valuer was his end game, but real estate had other plans. And so, he settled into sales as quickly and naturally as he settled his young family into the Stirling community. Sam is a passionate promoter of Hills living, citing the incomparable appeal of a country lifestyle within easy commute of the CBD, and the area’s solid track record for growth. Radiating a refreshing modesty that cloaks his many talents, Sam nevertheless recognizes the importance of having complete confidence in your choice of agent. Run your eye over the multiple pages of reviews on ratemyagent.com.au and you’ll soon see that knowing your market, keeping you in the loop and negotiating happy outcomes are all in a day’s work for this seasoned professional. As for results, they speak for themselves. Working with a talented team is a bonus, a team that shares Sam’s vision for a better real estate experience and ‘gets digital’, creating effective marketing strategies that are right for your home.