test - Standard Law Co

Buyer and Contact Details

Your matter reference

Your file number

Property address*

Property address being purchased

Buyers’ Full Names (or Buying Company/Entity and directors/contacts)*

Current Address*

Street Address Address Line 2 City State / Province / Region Post Code Country

Postal Address (if different)

PO Box / Street Address City State / Province / Region Post Code Country

Phone (landline)

Phone (mobile)

Email

Is the email checked regularly during the day, every day?

Yes
No
Not applicable

Will you be contactable for the entire duration of the transaction?*

Yes
No

TImes where you may not be contactable

We must be able to contact you (and potentially meet with you, even if using PEXA) at all times throughout the conveyance. Your rights may be negatively affected if we are unable to do this. If you will be uncontactable during any known period prior to settlement of this Contract (for example, if you are going on holidays or any extended periods overseas), please provide details or relevant dates.

Buyers’ dates of birth (if individuals)

Buyers’ Tax File Numbers

GST-registration status

Registered
Not registered

Buyer Australian Business Number (ABN)

Leave blank if none

Is the name on the Contract the correct name under which the Property is being purchased?*

Yes
No

If no, contact us immediately

Does the Contract include all entities proposing to purchase a share in the Property?*

Yes
No

If no, contact us immediately

Are any of the Buyers purchasing on behalf of another party?

Yes
No

If any of the Buyers are purchasing as trustee - is the trust correctly described in the Contract?

Yes
No

If any of the Buyers are purchasing as trustee - are any of the beneficiaries of the trust foreign persons or foreign corporations?

Yes
No

Provide details of percentage of foreign trust interests

If the Buyer is a company

Where is the company incorporated?

Australia
Outside Australia

Provide details of place of incorporation:

Country of incorporation

Australian Company Number

999 999 999

Australian Company Number (ACN) or Australian Registered Body Number (ARBN)

999 999 999

Foreign ownership

Is any individual Buyer not an Australian Citizen or permanent resident of Australia?

Yes
No

If the Buyer is a company, is the company owned or controlled by foreign persons?

Yes
No

Has the Foreign Investment Review Board (‘FIRB’) issued a no objection notice for the purchase of the Property?*

Yes
No
Not applicable

For any individual Buyer who is NOT an Australian Citizen (regardless of whether they are a permanent resident) provide the following information:

If any Buyer is a company or other entity formed outside Australia, or a trustee of a trust with non-Australian tax residence, please provide the following information:

If there are multiple Buyers purchasing the Property

Is the Property to be held as

Joint tenants
Tenants in common in equal shares
Tenants in common in unique shares

Please refer to the Booklet on the difference between the methods of holding your interest in the Property. These methods can affect your succession plans, duty payable and Foreign Investment Review Board requirements.

Breakdown of shares for tenancy in common

If you are an attorney under a Power of Attorney

Have you provided us with either:

Was the Power of Attorney signed by Audio-Visual conference or in electronic form between 15 May 2020 and 31 December 2020

Yes
No

If yes, please contact us to discuss what documents we will require from you.

Have you received a notice that the Power of Attorney has been revoked?

Yes
No

If any Buyer is purchasing as trustee for a trust

29. Have you provided to us or your financier all relevant trust deeds and any deeds or documents varying the trust terms - either:

If no, please immediately make arrangements to provide to us or your financier. Please note that this evidence is critical to registering the transfer of the Property into your name as trustee for the trust. You should also give us a copy of any trust documents you have given to your financier.

Property Location

Is the Property and its address correctly described on the Contract?*

Yes
No

If no, contact us immediately

Have you reviewed the survey plan to confirm the lot on plan is the Property being purchased?*

Yes
No

Do you have any concerns about the Property boundaries or potential encroachments?*

Yes
No

If yes – you should brief a surveyor as soon as possible.

Are you aware of any particular or unusual features or location of the property?*

Yes
No

Is the Property close to a main road, rail line, high voltage power lines, airport, creek, lake, beach or river?*

Yes
No

Is the Property near any major infrastructure projects (e.g. busway)?*

Yes
No

Is the Property in an area affected by floods or cyclones?*

Yes
No

Is the Property in a known mining district?*

Yes
No

Are you aware of any mining tenures or exploration permits that affect the Property?*

Yes
No

Use of Property

What is the Property currently being used for? (e.g. investment property, residence, small business premises, hobby farm)*

Has the Seller or its real estate agent represented that the present use is lawful?*

Yes
No

Please provide details of any respresentations as to lawful use

Are you aware if you are the first Buyer of this Property (e.g. a new house and land package or new residence after demolition)?*

Yes
No

Are you acquiring the Property in connection with the carrying on of a business enterprise?*

Yes
No

Are you aware of other uses of the Property prior to its current use?*

Yes
No

Have you received any notice from the Seller or the agent about contamination of the Property*

Yes
No

Do you suspect that the Property may be contaminated?*

Yes
No

Do you have any future plans or additional intended use for the Property (e.g. subdivision, building works, renting out the Property after settlement, business premises)?*

Yes
No

Please provide details re: future plans*

If you are acquiring the Property for development, are you proposing to carry out development under an existing approval for the Property?*

Yes
No

Are you acquiring the Property for any entitlements that you believe attach to the Property (e.g. rights of access, pontoon / jetty use / marina/ or similar, transferrable dwelling entitlements, infrastructure offsets or credits)?*

Yes
No

Please provide details re: expected entitlement*

Are there physical features which may impact upon your use of the Property e.g. manholes for sewer, private foul water line?*

Yes
No

Other Property Matters

Do you know of any unregistered encumbrances or interests affecting the Property such as sewerage or drainage easements, access rights for geothermal exploration or production or declaration of beach area?*

Yes
No

If yes - please contact us

Has the Seller or the agent given you any notices that relate to the Property from any authority?*

Yes
No

If yes, provide copies and details

Have any promises or representations been made by the agent in relation to the Property (e.g. items included in the purchase such as carparks, air-conditioning units, views or future benefits of the Property)?*

Yes
No

If yes, provide details

Is there a pool on the Property (including adjacent land used with the Property) or common property?*

Yes - on the Property
Yes - on the Common Property
No

Did you receive a Pool Safety Certificate or Exemption Certificate?*

Yes
No

Did you receive a notice notifying you that there is no Pool Safety Certificate?*

Yes
No

Have you briefed a pool inspector?*

Yes
No

If no, please make arrangements without delay

Did you receive a copy of any documentation relating to an application or order made by Queensland Civil and Administrative Tribunal for trees relating to the Property?*

Yes
No

Are you aware of any disputes, notices, applications or orders relating to dividing fences or trees?*

Yes
No

Are you aware of any building covenants affecting the Property?*

Yes
No

Have you signed any document relating to any covenants?*

Yes
No

If yes, please provide a copy

Do you have reason to believe that the owner may have conducted work on the Property as an owner builder?*

Yes
No

Do you have any concerns about the Property? Are there any issues we should be aware of?*

Yes
No

What should we be aware of*

Is there anything else we should know about the Property or the purchase?*

Yes
No

What else should we be aware of*

Goods and Chattels

Are any goods or chattels (personal property) included in the Property being purchased? (Note: some items may be considered chattels despite appearing fixed such as solar panels, water tank/pump, large items temporarily stored on the land.)*

Yes
No

Listing included goods and chattels

Does the Contract include all agreed chattels?*

Yes
No

Does the Contract exclude fixtures that you expected to be part of the sale?*

Yes
No

Transfer Duty Issues

WIll any Buyer be living in the Property?*

Yes
No

Will the Property be the principal place of residence for ALL Buyers?*

Yes
No

If so, is this Property the first purchase of residential property anywhere in the world for all Buyers?*

Yes
No

Are any of the Buyers related to any of the Sellers? (i.e. a spouse, parents, grandparents, brother, sister, nephew, niece, child, stepchild, grandchild of the person or spouse)?*

Yes
No

Do any of the Buyers have a business relationship with any of the Sellers?*

Yes
No

Are you receiving the Property as a gift or are you paying less than the market value of the Property?*

Yes
No

A valuation of the Property based on three comparable sales in the last three months may be required for the assessment of transfer duty. Please note that giving a false declaration could result in serious penalties.

Have you, or are you intending to, buy other property:

from this Seller (or an associate or related party of the Seller)?
that is adjoining or closely located to this Property?
that may be used with this Property (for example, an adjoining block to redevelop, a business, plant or equipment)?

The other property may need to be considered in determining the transfer duty payable on this purchase. Please note that giving a false declaration could result in serious penalties.

Are you intending to change the shareholding of the Buyer company in the next three years to foreign shareholders?

Yes
No
Not applicable

Purchase Price and Deposit

Have you any reason to believe that the purchase price is less than the market value of the Property?*

Yes
No

If yes, contact to discuss

Have you, or will you be paying, all or part of the deposit by way of insurance bond or bank guarantee?*

Yes
No

Have you paid all of the initial deposit to the stakeholder?*

Yes
No - it is overdue
It is not due yet

Have you paid all of the balance deposit (if any) to the stakeholder?*

Yes
No - it is overdue
It is not due yet

Are you receiving any rebate or discount to the purchase price, or other incentive to enter into the Contract?*

Yes
No

If yes, we will need details

Finance

Do you need finance for this purchase?*

Yes - incoming mortgagee
No - cash purchase

If no, and you require finance, please make application without delay.

Have you made an application for finance?*

Yes
No

If no, and you require finance, please make application without delay.

Have you completed an authority from your financier to authorise our law practice to liaise with your financier to arrange settlement?*

Yes
No

If no, please contact your financier to make arrangements without delay. Delays to settlement or default under the Contract may occur if the financier is not authorised to liaise with the law practice to make arrangements.

Is the amount you are borrowing from the financier sufficient to cover all of the funds required for settlement?*

Yes
No

If no, you will need to arrange other sources and amounts.

Is anyone else providing security for this purchase (e.g. a guarantor)?*

Yes
No

Are there any other conditions that must be satisfied or you are relying on to obtain settlement funds (e.g. sale of existing home, inheritance finalisation, court settlement)?*

Yes
No

If the contract does not provide for this by way of special condition, you must ensure any required conditions are met before settlement.

Building and Pest Inspection Reports

Have you made arrangements to obtain at least one (or both) reports?

Yes
No

If no, please make arrangements without delay.

Searches

Our Letter recommends that certain searches be ordered immediately or at least before the end of any applicable cooling-off period. Even if you order searches immediately they may not be received before the end of any applicable cooling-off period.

Have you provides us with a list of any other searches you wish performed?*

Yes
Not yet
No - only require the minimal searches

The minimal searches are: a title search, survey plan, rates search, special water meter reading, land tax clearance certificate, a body corporate certificate (if applicable) and a further title search at settlement.

When do you want us to order searches?*

Immediately
Once the contract becomes unconditional

Warning – you should read the information in the first letter on the risks of delay in ordering searches. By instructing us to delay ordering your searches you acknowledge you have read this information and accept any risks from delaying the searches.

Tenancy Issues

If there is a tenant, would you like us to obtain copies of the tenancy documents and make inquiries of the Seller regarding the tenancy?*

Yes
No
Not applicable

If you do not instruct us to investigate any tenancy we will not be able to confirm whether the tenancy is enforceable and it may affect your ability to enforce the tenancy agreement after settlement.

Settlement Issues

Will you be making arrangements with the real estate agent for the handover of the keys or security access devices following settlement?*

Yes
No

Are you proposing a pre-settlement inspection of the Property?

Yes
No

If Buying a Unit

Are you buying a Unit or Townhouse?*

Yes
No

Would you like us to obtain copies of the Caretaking and Letting Agreements between the Body Corporate and Contractors, and provide an advice?*

Yes
No
Not applicable

Please note that there may be additional fees payable for an advice on the Caretaking and Letting Agreements.

Are you aware of any proposal to record a new Community Management Statement or a notice of meeting for that purpose (which may include proposed adjustments to lot entitlements within the Scheme)?*

Yes
No

Are you aware of any body corporate consents to improvements made by the Seller to common property that are not in place?*

Yes
No

Are you aware of whether the exclusive use allocations given to the lot are not recorded or will be changed in the Community Management Statement (for example, car parking)?*

Yes
No

Are you aware of a change or proposed change in the insurance details for the building and public liability for the body corporate*

Yes
No

Are you aware of any defects in the common property or body corporate assets (for example, substantial building work that requires repair, which can include common boundary walls of the lot or exclusive use areas and may include repairs required as a result of issues such as concrete cancer, structural or water issues and rectification works required because of the use of combustible cladding on the building)?*

Yes
No

If you become aware of any of these matters before settlement you should contact us as soon as possible.

Are you aware of any proposal for the body corporate to fix a special contribution to be levied on lot owners or the issuing by the body corporate of a levy notice for a special contribution?*

Yes
No

Are you aware of any actual or contingent or expected liabilities of the body corporate not part of the body corporate’s normal operating expenses (for example, special levies, unfunded capital expenditure and litigation), or any deferred levies or adjustments to sinking fund, sinking fund refunds or new body corporate loans during COVID-19?*

Yes
No

Are you aware of anything else you are aware of regarding the affairs of the body corporate which may affect you?*

Yes
No

Are you expecting any courtyards, car spaces, balconies, storage areas as part of your purchase?*

Yes
No

Are there any car parks, air conditioning units, pergolas, courtyards, rainwater tanks, which appear to be for the benefit of the unit being purchased?*

Yes
No

Are there any improvements on common property (e.g. pool, gym, spa, BBQ areas etc.)?*

Yes
No

Submit

Consent*

I/we agree to the acknowledgments, authorisation and declaration:

I/We:
(i) acknowledge that in acting on my/our behalf in connection with the purchase of the Property, the Law Practice will rely on the information provided in answers to this questionnaire;
(ii) authorise Standard Law Co (the Law Practice) to complete such forms and make such declarations on my/our behalf as are necessary to conduct and complete the purchase of the Property (Required Forms and Declarations); and
(iii) declare that the information provided in answers to this Questionnaire is true and correct and may be used by and relied on by the Law Practice in completing the Required Forms and Declarations.

Our Expertise

Conveyancing Purchase Questionnaire

Buyer and Contact Details

If the Buyer is a company

Foreign ownership

If there are multiple Buyers purchasing the Property

If you are an attorney under a Power of Attorney

If any Buyer is purchasing as trustee for a trust

Property Location

Use of Property

Other Property Matters

Goods and Chattels

Transfer Duty Issues

Purchase Price and Deposit

Finance

Building and Pest Inspection Reports

Searches

Tenancy Issues

Settlement Issues

If Buying a Unit

Submit