Additions / Changes:

Item 19

(eg. Statutory Dealings; Unregistered Dealings; License; Security Interests)

Clause 1(15)

Encumbrance: means matters affecting title to the Property, both registered and un-registered, including statutory easements, and rights referred to in the Certificate of Title and personal property security interests as defined in Section 12 of the Personal Property Securities Act 2009(Cth).

Clause 5.8

Should the Buyer not obtain Finance Approval by the Finance Date and not given notice in accordance with under Clause 5.4, and then subsequently obtains Finance Approval and notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount and this Contract will be in full force and effect.

Clause 8.1

Clause 8.5

The Buyer may claim from the Seller the reasonable costs of effecting rectification of any damage or failure to maintain the Property carry out repairs in relation to Clauses 8.1 and 8.2 and costs incurred in dealing with property not removed in accordance with Clause 8.3 as liquidated damages notwithstanding Settlement may have taken place.

Clause 9.2

On the Settlement Date the Buyer must, payment of the Balance Purchase Price, adjusted as provided in this Contract, by Bank Cheque/s (as directed by the Seller or its Solicitors in writing) and on compliance by the Buyer with the conditions of this Contract the Seller must deliver (or cause to be delivered) to the Buyer (or as directed by the Buyer):

Clause 9.2(2)

Transfer Documents free from of un-notified Encumbrances, unless detailed in Item (21), executed by the Seller in a form capable of immediate registration (save for stamping) in accordance with the Land Title Act 1994.  Provided however; should the title documents with respect to the Land relate also to other land, the Seller shall produce the title document to allow registration of the transfer, cost of production will be borne by the Seller and costs in relation to any new title will be borne by the Buyer.

Clause 9.2(8)

in compliance with Clause 16, all documentation necessary to effect release of any Encumbrance over the Property, except as detailed in Item (19), including where applicable, property subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies.

Clause 9.2(10)

documents in the Seller’s possession reasonably required by the Buyer relating to the Property, in particular, but not exclusively, those relating to prior transfers, tenancies, licenses, warranties, relevant certificates relating to pool safety compliance, noncompliance or exemption and any unregistered dealings and in so doing assigns to the Buyer the benefit of such tenancies, licenses and warranties.

Clause 14.1(6)

except as disclosed in Item (20)(a) and (20)(b), and excluding Applications and Orders under Section 83 of the NDRA disclosed as required by Clause 12.3, there will be no outstanding or unsatisfied applications, judgments, Work Orders, demands or writs with respect to any Act, Regulation or By-Law:

Clause 14.4

The Seller warrants as at the Date of Contract, unless disclosed prior to entering into this Contract in accordance with Section 83 of the NDRA (refer to details in Item (20)(b)), the Land is not subject to or affected by an Application or Order under Chapter 3 of the NDRA.

Clause 26.2

The Seller by this Contract consents to and authorises the Buyer to inspect the records of relevant authorities including body corporate and obtain any necessary certificates relating to the Land and/or Lot and Improvements. and chattels if any included in this sale.

Clause 33.1(2)

Provided however, where, at the date of this Contract, the Land is subject to an Application or Order under Chapter 3 of the NDRA and notice has been given in accordance with Section 83 of the NDRA the provisions of Clause 33.1(1)(a) will not apply.

Clause 32.7

Where the Seller has not by Settlement complied with Clause 33.1(1) or 33.6 and no adjustment has been made to the Purchase Price to compensate for such noncompliance, the Buyer may recover as a debt from the Seller, the costs incurred by the Buyer in effecting such compliance.

Additions / Changes:

Instructions Sheet

Item G

By signing below I/we the Buyer/Buyer’s Agent acknowledges that, prior to signing the Proposed Relevant Contract, having I/we:

3.   read this Instruction Page

4.   in the case of a Property with a Regulated Pool (Item 15.2(c) or Item 15.3(b)) where no Pool Safety Certificate is current, received a Form 36 - Notice of no pool safety certificate.

Item 11 Note

Note: This Item is not applicable where the Property is sold by Auction

Item 11

(a) Building Inspection:   Yes/No  

(b) Pest Inspection:    Yes/No  

(c) Pool Safety Inspection:   Yes/No (Applicable only if Item (15.2(c)) is ticked) (only answer ‘yes’ where Item (15.3)(c) is ticked)

Inspection Date:     …………………………………….………………………………..(Date to be completed by)

Note: If ‘yes’ is selected in Item (11)(a), (b) or (c), an Inspection Date must be inserted

Acknowledged Defects/ Exclusions:

.........................................................................................................................................................

Item 15

Item 20

Item 28

By signing below I/we the Buyer/Buyer’s Agent acknowledges that, prior to signing the Proposed Relevant Contract, I/we have, having, where applicable, received a copies of any Application or Order in accordance with Section 83 of the Neighbourhood Disputes Resolution Act 2011 as more particularly set out in Item (20)(b). under Chp 3 of the Neighbourhood Disputes Resolution Act 2011.

Clause 1(22)

NDRA: means the Neighbourhood Disputes Resolution Act 2011.

Clause 4.1(2)

where Item (11)(c) applies, a report, satisfactory to the Buyer, that the Regulated Pool:

Clause 4.3

Where Item (15.3)(c) applies and there is no Pool Safety Certificate and the Buyer has indicated an their intention to obtain a Pool Safety Inspection in Item (11)(c), the Seller authorises the Buyer to appoint a licensed Pool Safety Inspector for the purposes of carrying out such inspection and to receive the results of such inspection.

Clause 4.4

The Buyer will be deemed satisfied where a Pool Safety Certificate issues on or before the Inspection Date.

Clause 4.7

In respect to Clause 4.4(b) and 4.6, this Contract is not terminated until written notice is given and the Buyer may at any time up to termination, by written notice, waive the benefit of Clause 4.4 or give notice in accordance with Clause 4.4(a), where upon this Contract will be in full force and effect.

However, with respect to Item (11)(c) Pool Inspection, a party may not terminate after receiving a Pool Safety Certificate.

Provided however, where a Pool Safety Certificate (Clause 4.1(2)(a)) has been issued, the Buyer will be deemed to be satisfied and may not terminate under Clause 4.4.

Clause 4.8

Where the Buyer has given notice of termination in accordance with Clause 4.4(b) but has failed, when requested by the Seller, to provide a copy of the relevant inspection report/s (or in the case of a Regulated Pool any Nonconformity Notice issued as a result of the Pool Safety Inspection), the termination will not take effect until after such copy has been provided to the Seller.

Clause 4.13

Clause 4 does not apply where the Property is sold by auction.

Clause 5.3

The Buyer must give notice to the Seller immediately upon approval/rejection of Finance in accordance with Clause 36 (Notice) and in any case, not later than the Finance Date.

Clause 5.7

This Contract is not terminated until notice is given in accordance with either Clause 5.4 or 5.5.

Clause 5.8

Should the Buyer not obtain Finance Approval by the Finance Date and not given notice under Clause 5.4, and then subsequently obtains Finance Approval and notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount and this Contract will be in full force and effect.

Clause 6.15

Where information regarding Outgoings, Rents and income details are not otherwise available, the Seller will, upon request, provide details from records in the Seller’s possession.

Clause 8.1

The Seller must hand over the Property at Settlement without damage or loss to the condition as at the Date of Contract (fair wear and tear excepted) and will not be liable for loss or damage to Improvements on the Lot unless caused by the Seller’s neglect or fault. Should there be damage or loss to the condition of the Property the Buyer may not delay Settlement or withhold monies.

Clause 8.6

With respect to Clauses 8.1 and 8.2 & 8.3, the Buyer must notify the Seller prior to Settlement, of its intention to make a claim.  A notice provided in accordance with Clause 8.4 and not complied with will satisfy this obligation.

Clause 9.2(9)

current copies of any other relevant documents in the Seller’s possession reasonably required by the Buyer relating to the Property, in particular, but not exclusively, those relating to prior transfers, tenancies, licenses, warranties, relevant certificates relating to pool safety compliance, non compliance or exemption, Pool Safety Certificates and any unregistered dealings and in so doing assigns to the Buyer the benefit of such tenancies, licenses and warranties.

Clause 14.1(5)

and except as provided in Clause 14.4(b), the Seller has no knowledge of any legal actions affecting or which may affect the Land or the Property or any part of it.

Clause 14.1(6)

except as disclosed in Item (20)(a), and excluding Applications and Orders disclosed under Section 83 of the NDRA Neighbourhood Disputes Resolution Act 2011 disclosed as required by Clause 14.4(b), there will be no outstanding or unsatisfied judgments, Work Orders, demands or writs with respect to any Act, Regulation or By-Law, required to be complied with by the Seller which have not been fully complied with or which may adversely affect the Property or the Seller’s ability to complete this Contract.

Clause 14.2

It is acknowledged and agreed by the parties hereto that any building approval defect listed as a requisition in the local authority's building records does not constitute a Notice or an Work Order as contemplated by Clause 33.1

Clause 14.4

Clause 14.9

If the warranty set out in Clause 14.4(a) is incorrect or is breached by the Seller, the Buyer may terminate the Contract at any time before the Contract settles by giving a signed, dated notice of termination to the Seller or the Seller’s Agent stating that the Contract is terminated under Section 86 of the NDRA Neighbourhood Disputes Resolution Act 2011.

Clause 20.2(c)

compliance with or application of any Government or local Government requirements or proposals, statutory or otherwise (including Transport Infrastructure and notice of intention to resume), with respect to the Lot Land or adjoining land will materially adversely affect the Property; or

Clause 26.1

The Seller must, if requested by the Buyer, prior to Settlement, provide to the Buyer current copies of all relevant documents in the Seller’s possession reasonably required by the Buyer relating to the Property, in particular those referred to in Clauses 9.2(4) and 9.2(9). relating to tenancies, licences, warranties, and any unregistered dealings.

Clause 33.1(2)

Provided however, where, at the date of this Contract, the Lot is subject to an Application or Order under Chapter 3 of the NDRA Neighbourhood Disputes Resolution Act 2011 and notice has been given in accordance with Section 83 of the NDRA Clause 14.4(b), the provisions of Clause 33.1(1) will not apply.

Clause 33.4

Subject to the Seller having complied with Section 83 of the NDRA Neighbourhood Disputes Resolution Act 2011, the Buyer must comply with any Work Orders affecting the Property issued subsequent to the Date of Contract that require compliance after Settlement.

Clause 33.6

No contribution will be payable by the Seller with respect to construction or repair of any dividing fences between the Lot and any adjoining land unless under the NDRA Neighbourhood Disputes Resolution Act 2011 a Notice to Contribute with respect to a dividing fence has been served on the Seller prior to the date of this Contract in which case compliance with such notice shall be the responsibility of the Seller.

Clause 33.9

Where, at the date of this Contract, the Lot is subject to an Application or Order under Chapter 3 of the NDRA Neighbourhood Disputes Resolution Act 2011 and notice has been given in accordance with Section 83 of the NDRA, the Buyer acknowledges, on entering into this Contract:

Additions / Changes:

Instructions Sheet

Item G(2)

received, read and signed the completed BCCM Section 206 – Disclosure Statement signed by the Seller or authorised person (accompanied by the current Community Management Statement for the Scheme)

Item 14

Smoke alarms installed on the Property:  __ Yes __ No

Item 16

Note: unless excluded, all Improvements are included        

Item 17

Note: includes all Improvements unless excluded in Item (16).

Item 28

By signing below I/we the Buyer/Buyer’s Agent acknowledge that, prior to signing the Proposed Relevant Contract, I/we have, where applicable, received a copy of any Application or Order under Chp 3 of the Neighbourhood Disputes Resolution Act 2011.

Clause 1(13)

Date of Contract: The date as set out in Item (1) of the Item Schedule unless otherwise specified.

Clause 1(19)

Item: means items detailed in the Item Schedule of this Contract

Clause 1(28)

Property: The Lot described in Item (6) together with Improvements described in Clause 1(18) and the included chattels described in Item (17) of the Item Schedule.

Clause 1(29)

Purchase Price: The sum referred to in Item (7) of the Item Schedule

Clause 1(40)

Work Order: a valid notice or order issued by a court, tribunal or other competent authority or notice served or issued in compliance with an Act or Regulation that requires work to be done, or monies spent, on or in relation to the Property.

Clause 4.4

Note to Buyer

Note to Buyer: Building Act 1975 - If no Pool Safety Certificate is received and the Contract proceeds to Settlement, it shall be the Buyer’s responsibility to, at its own cost, obtain such certificate within 90 days (the usual period) or such further period after Settlement where Section 246ATJ(2)(b) of the Building Act 1975 applies. The Buyer is referred to Section 4 of the Form 36.

Clause 5.4

If the Buyer, after complying with Clause 5.2, through no default on the Buyer’s part, has not obtained the Finance approval by the Finance Date then the Buyer may by giving notice to that effect to the Seller:

Clause 6.12

The Seller may direct the Buyer to provide on Settlement a cheque payable to the relevant authority for Outgoings assessed but unpaid at the Adjustment Date. It shall be the Buyer's responsibility to forward such cheque to the relevant assessing authority forthwith. This will be an adjustment for the purposes of Clause 6.1.

Clause 14.1(5)

and except as provided in Clause 14.4(b), the Seller has no knowledge of any legal actions affecting or which may affect the Land or the Property.

Clause 14.1(6)

except as disclosed in Item (20) and excluding Applications and Orders disclosed under Section 83 of the Neighbourhood Disputes Resolution Act 2011 as required by Clause 12.3(b), there will be are no legal actions including outstanding or unsatisfied judgments, Work Orders, demands or writs with respect to any Act, Regulation or By-Law, required to be complied with by the Seller which have not been fully complied with affecting or which may adversely affect the Property or the Seller’s ability to complete this Contract. any part of it.

Clause 14.1(7)

the Seller has complied with the requirements of the Residential Tenancies and Rooming Accommodation Act 2008 with respect to the Tenancies as set out in Item (18.1) of the Item Schedule.

Clause 14.1(8)

the details set out in Item (18.2) of the Item Schedule are correct and the Seller has caused notice of sale of the Property to be given to the Managing Agent mentioned in Item (18.3).

Clause 14.1(10)

the Seller has complied with Division 5A of the Fire and Rescue Service Act 1990 with respect to smoke alarms.

Note: From the 1st July 2007 owners of all houses and units (domestic dwellings) in Queensland must install and maintain smoke alarms in compliance with the Fire and Rescue Service Act 1990 as amended.

Clause 14.4

Clause 14.9

If the warranty set out in Clause 14.4(a) is incorrect or is breached by the Seller, the Buyer may terminate the Contract at any time before the Contract settles by giving a signed, dated notice of termination to the Seller or the Seller’s Agent stating that the Contract is terminated under Section 86 of the Neighbourhood Disputes Resolution Act 2011.

Clause 15

Foreign Investment Approval Buyer Warrants

The Buyer warrants:

Clause 20.2(c)

compliance with or application of any proposals, notices or requirements of an authorised authority, statutory or otherwise, (including transport infrastructure and notice of intention to resume) with respect to the Land or adjoining land will materially adversely affect the Property; or

Clause 20.2(e)

the Land or part of it is declared as acquisition land under the Queensland Reconstruction Authority Act 2011.

Clause 30

Any Special Conditions to this Contract shall form part of this Contract. Should there be any inconsistency between the Terms and Conditions or any additional conditions and the Special Condition the Special Condition shall apply

Clause 33

Work Orders and Notices

Clause 36.1(c)

by posting it to the party, by ordinary mail or security registered mail as a letter addressed to the party at the address as stated in Item (3) or (5); or

Additions / Changes:

Important Instructions Item G(2)

received, read and signed the BCCM Section 206 – Disclosure Statement (accompanied by the current Community Management Statement for the Scheme)

Clause 2(5)

Column notes in the Item Schedule and any attached addendum pages and annexures shall form part of this Contract.

Clause 11

Clause 13.4

Should the Seller fail to provide information as required by Clause 11.1 before Settlement, the Buyer may sue the Seller for damages.

Clause 14

Seller’s Warranties / Buyer's Right to Rescind

Clause 35

Should any court or tribunal of competent jurisdiction determine any term, provision or obligation of this Contract to be void, illegal or unenforceable by law, that term, provision or obligation must be read down to the extent possible or will be removed from the Contract whilst keeping and will not effect the operation of the remainder of the Contract in effect.

Clause 38.1

The parties agree and confirm documents may be forwarded electronically to a person if the recipient that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Contract.

Clause 39

Changes made to the attached BCCM Form 14 as per Body Corporate and Community Management Act

Additions / Changes:

Clause 1(19)

ITAA: refers to the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997.

Clause 4.7

In respect to Clause 4.4 and 4.6, this Contract is not terminated until written notice is given and the Buyer may at any time up to termination, by written notice, waive the benefit of Clause 4.4.

Provided however, where a Pool Safety Certificate (Clause 4.1(2)(a)) has been issued, the Buyer will be deemed to be satisfied and may not terminate under Clause 4.4.

Clause 14.1(13)

in respect to a non-shared Regulated Pool on the Property, where there is a current Pool Safety Certificate, no alterations or additions have been made to the non-shared Regulated Pool/s or its surrounds prior to Settlement which would affect the Pool Safety Certificate/s.

Clause 21(b)

Sections 246AG affecting the Lot (show cause notice – cancellation), 247 (show cause notice) or 248 (enforcement notice) of the Building Act 1975.

Additions / Changes:

Instructions Sheet

Item G(4)

in the case of a Property with a Regulated Pool (Item 15.3(c) or Item 15.5(b)) where no Pool Safety Certificate is current, received a Form 36 - Notice of no pool safety certificate.

Item 11

(a) Building Inspection:    Yes/No  

(b) Pest Inspection:    Yes/No  

(c) Pool Safety Inspection to be included in the inspection:   Yes/No  (only answer ‘yes’ where Item (15.3)(c) is ticked)

Inspection Date:  ………………………………………………………..  (Date to be completed by)

Note: If ‘yes’ is selected in Item (11)(a), (b) or (c), an Inspection Date must be inserted

Acknowledged Defects/ Exclusions:

.......................................................................................................................................

Item 13

An Approved electricity Safety power Switch   __ is   __ is not    installed for general purpose socket outlets.

(The Electrical Safety Regulation 2002 requires the transferor of land on which a domestic residence is constructed to give notice of whether a safety switch has been installed. If one is not installed, then within 90 days from the date of possession, the new owner of the land must install a safety switch.) A licensed Electrician can advise in relation to this requirement.

Item 14

Smoke alarms are/are not installed on the Property.

{From the 1st July 2007 owners of all houses and units (domestic dwellings) in Queensland must install and maintain smoke alarms in compliance with the Fire and Rescue Service Act 1990 as amended.}

Item 15

Tick the applicable option below:

Note: If Item (15.1), (15.2), (15.3)(a) or (b), (15.4) or (15.5)(a) or (b)  is ticked below, ‘no’ is the answer to Item (11)(c)

Clause 1(2)

Approved Safety Switch: defined as a residual current device under Schedule 9 of the Electrical Safety Regulation 2002.

Note: Where an Approved Safety Switch is not installed, advice should be obtained from a licensed electrician to ensure compliance with the Electrical Safety Regulation 2002.

Clause 1(22)

New Pool Safety Standard: means the compliance standard applicable under the Building Act 1975 to a Regulated Pool from the earlier of the 30th November 2015 or the date a property is sold or leased.

Clause 1(23)

Nonconformity Notice: means the Pool Safety Nonconformity Notice (Form 26) issued where the Pool Safety Inspector is not satisfied the pool complies with the New Pool Safety Standard.

Clause 1(25)

Pool Safety Certificate: means the certificate issued under the Building Act 1975 with respect to a complying Regulated Pool.

Clause 1(26)

Pool Safety Standard: means the compliance standard applicable to the Regulated Pool at the time the pool was constructed.

Clause 1(30)

Regulated Land: means regulated land as defined under Section 231A of the Building Act 1975

Clause 1(31)

Regulated Pool: Where used in this Contract has the same meaning as given to it by Section 231B of the Building Act 1975.

Note: a Regulated Pool is a swimming pool as defined under the Building Act 1975 which will include a spa pool.

Clause 4

Note: reference to Pool Safety Inspections only applies where Item (15.3)(c) is ticked and applicable.

Clause 9.2(9)

documents in the Seller’s possession reasonably required by the Buyer relating to the Property, in particular those relating to tenancies, licenses, warranties, Pool Safety Certificates and any unregistered dealings and in so doing assigns to the Buyer the benefit of such tenancies, licenses and warranties.

Additions / Changes:

Instructions Sheet

Item G 'Buyer's Acknowledgement' added to the 'Instructions Sheet'

Additions / Changes:

Cover Page / Statement

The 'Cover Page / Statement' was removed from AU-QLD-RE-PS-004

Instructions Sheet

The 'Instructions Sheet' was added to AU-QLD-RE-PS-004

PAMD Form 30c

Changes made to the attached PAMD Form 30c as per Office of Fair Trading

BCCM Form 14

Changes made to the attached BCCM Form 14 as per Office of Fair Trading

Item 26 Note

The Special Conditions are inserted under instruction from a party to this Contract and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent.  No legal advice has been given or warranty provided by the Agent.  Legal advice should be sought.

Special Conditions:

(a) Were inserted under instruction by a party to this Contract; and/or

(b)  Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (27), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

Item 27 Note

(The Buyer, in signing this Contract, acknowledges having read and signed PAMD Form 30c attached to this Contract as the first sheet , unless not applicable)

Item 27 Warning

WARNING: By signing this Contract the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent. The parties also agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.

The parties have been advised to seek legal advice with respect to this Contract. , including Special Conditions.

Clause 1(12)

Date of Contract: The date as set out in Item (1) of the Item Schedule. The date the Contract becomes binding on the Buyer and Seller, as detailed in the Warning notes of PAMD Form 30c is not necessarily, for the purposes of this Contract, the Date of Contract.

Clause 38.1

The parties agree and confirm documents may be forwarded electronically to a person if that person has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Contract.

Additions / Changes:

Clause 7.2

Upon compliance by the Buyer with the provisions of this Contract and where the Seller is legally represented, the Seller will upon request and (payment by the Buyer of the Seller's reasonable legal expenses), the Seller will upon request, produce the Transfer Documents (prior to Settlement or payment of the Balance Purchase Price) for the purposes of assessment and payment of transfer duty.

Clause 7.3

It is agreed to by the parties hereto that the Buyer shall be under no obligation to pay any production fee to the Seller pursuant to Clause 7.2 if the Seller is not represented by a solicitor.

Additions / Changes:

Clause 1(20)

Land Tax Clearance Certificate: A certificate issued by the Commissioner of Land Tax that describes the land charged, and showing whether or not any land tax remains unpaid on the land described in the application and where land tax remains unpaid, the amount thereof. (Section 37 (1A) of the Land Tax Act 2010)

Clause 3.7(5)

where the Contract does not proceed to Settlement, the interest is payable to the party entitled to the Deposit in accordance with Clauses 3.5 and 3.6.

Clause 4.3

Upon receipt of any Inspection Report the Buyer must promptly but no later than 5pm on the Inspection Date, give notice to the Seller:

The Buyer may waive the benefit of this condition at any time prior to termination of the Contract.

If any inspection report specified in Clause 4.1 is not satisfactory to the Buyer, the Buyer must, promptly upon receipt of the inspection report, give notice to the Seller terminating this Contract. The Buyer may however, waive the benefit of this condition at any time prior to termination of the Contract.

Clause 4.5

Should the Buyer not give notice to the Seller in accordance with Clause 4.3 by 5.00 p.m. on the Inspection Date the Seller may, by notice, terminate this Contract. Buyer will be deemed to be satisfied with the Inspections.

Clause 4.6

This Contract is not terminated until notice is given.

Clause 6.2

All Outgoings paid and, Rents and Income received, (including post Settlement reassessments), by either party must be apportioned based on the Adjustment Date and paid or received at Settlement or as otherwise appropriate. This excludes water rates charges based on usage. Payment must be made within 14 days of monies being received.

Clause 6.3

All Rents and Income received by the Seller in relation to periods subsequent to the Adjustment Date must be apportioned between the parties as at the Adjustment Date.

Clause 6.7

Any amount, other than Land Tax, adjustable under this provision which relates to lots other than that included in the Property shall be (where no specific assessment is issued) adjusted.

Clause 6.8(1)

Should the Commissioner of Land Tax not have issued a Land Tax Clearance Certificate to the Buyer by the Adjustment Date, then in such case the parties agree the Buyer will retain in his Solicitor’s Trust Account such sum, from the settlement monies, as the Commissioner of Land Tax specifies in writing would be prudent to cover any land tax liability outstanding for the period up to and including 30th June immediately preceding the Adjustment Date. 

And, Upon a Land Tax Clearance Certificate issuing, the Buyer undertakes and agrees to direct the Solicitor to pay from the funds held in the Trust Account so much of those funds as may be necessary to obtain for the Buyer a Land Tax Clearance Certificate.  Any balance funds remaining shall be paid to the Seller.

This obligation is a continuing obligation and does not lapse at Settlement.

Clause 7

Clause 8

Clause 9.2(6)

Rents and Income unpaid for any period prior to the Settlement Date and not adjusted between the parties at Settlement is not assigned to the Buyer but remains a debt due to the Seller in which case the provisions relating to Rent of Section 117 of the Property Law Act 1974 are not applicable.

Clause 9.2(9)

documents in the Seller’s possession reasonably required by the Buyer relating to the Property, in particular those relating to tenancies, licenses, warranties and any unregistered dealings and in so doing assigns to the Buyer the benefit of such tenancies, licenses and warranties.

Clause 12.1

If the Buyer does not pay any monies due or is otherwise in default then, providing the Seller is not in default, the Seller may, in addition to and without limiting other remedies, including action for damages and/or specific performance, by notice in writing to the Buyer specifying the default, terminate or affirm this Contract.

Clause 12.4

Damages will include:

Clause 13

Clause 14.1(7)

the Seller has complied with all relevant environmental legislation in respect to the Property. The Land is not subject to any notice or order under the Environmental Protection Act 1994, nor are particulars of the Land recorded under the Environmental Management or Contamination Land Register.

Clause 20.1

As far as the Seller is aware, the Present Use of the Property is legal but the Seller gives no warranty in respect thereof. The Seller gives no warranty regarding the Present Use of the Property.

Clause 23

Should the Contract be terminated in accordance with Clause 23(a), all monies by way of Deposit shall be refunded to the Buyer.

Clause 24

Should the Contract be terminated in accordance with Clause 24(a), all monies by way of Deposit shall be refunded to the Buyer.

Clause 33.4

Where the Seller has not by Settlement complied with Clause 33.1(1) and no adjustment has been made to the Purchase Price in respect of such works, the Buyer may recover as a debt from the Seller, the costs incurred by the Buyer in carrying out necessary works.

Clause 33.5

The Buyer shall bear all costs towards construction or repair of any dividing fences between the Land and any adjoining land, unless a Notice served under the provisions of Section 8 of the Dividing Fences Act 1953, Section 8, is in force as at the date of this Contract, in which case such Notice shall be treated in the same manner as a Notice referred to in Clauses 33.1and 33.3.

Clause 35

Should any court or tribunal of competent jurisdiction determine any term, provision or obligation of this Contract to be void, illegal or unenforceable by law, that term, provision or obligation will be removed from the Contract and will not effect the operation of the remainder of the Contract.

Changes to BCCM Form 14 due to government department change

Additions / Changes:

Clause 12.1(12)

the Seller has complied with the Division 5A of the Fire and Rescue Service Amendment Act 1990 2006 with respect to smoke alarms.

Clause 13

Clause 19(a)

Sections 588 4.3.9 (show cause notice) or 590 4.3.11 (enforcement notice) of the Sustainable Planning Act 2009 Integrated Planning Act 1997; or

Clause 35.1

By signing this Contract all parties otherwise, by as far as such means of communication as have been indicated in this document and/or any completed electronic consent form (ie. Facsimile numbers & email addresses).

Clause 36

Additions / Changes:

Changes made to the PAMD Form 30c as per the Warning Message, when opening the form, within the ADLForms program.

Additions / Changes:

Header

CONTRACT FOR SALE OF RESIDENTIAL LOTS

IN A COMMUNITY TITLES SCHEME

(WARNING: This Contract is not, without amendment, suitable for use in respect of off the plan sales)

Changes to attached PAMD 30c as per Office of Fair Trading

Additions / Changes:

Clause 1(8)

Bond: Any Bond paid in accordance with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008.

Clause 7.3(4)

all Tenancy Documents, including all documents and forms required to comply with the provisions of the Residential Tenancies and Rooming Accommodation Act 2008 including Bond transfers and notice to Tenants advising of the sale.

Clause 12.1(8)

the Seller has complied with the requirements of the Residential Tenancies and Rooming Accommodation Act 2008 with respect to the Tenancies as set out in Item (17.1) of the Item Schedule.

Additions / Changes:

Item 11 Heading

BUILDING &/OR PEST INSPECTIONS

Item 11

Building Inspection:   Yes/ No                    Pest Inspection:    Yes/ No

Item 17

17.3 Managing Agent:………………………………………………………………………………………...

       Phone: …………………………. Fax:……………………… Email:………………………………....

Clause 1(4)

Bank Bond/Guarantee: Deposit Bond or Guarantee issued by a Bank or insurance company to secure the Deposit in accordance with Clause 3.4 of this Contract.

Clause 3.4

The Buyer may secure payment of pay the Deposit (in whole or in part) by Bank Bond/Guarantee in a form and on terms acceptable to the Seller, in which case on receipt of the Bank Bond/Guarantee the Buyer's obligation to pay the Deposit shall have been satisfied to the extent of the Bank Bond/Guarantee.

Clause 5.2

In complying with this Clause the Buyer will promptly, after the signing of this Contract by the Seller, make application to the Lender for the Loan and take all reasonable steps to obtain the Finance approval by the Finance Date.

Clause 5.6

The Buyer will provide details of compliance with Clause 5.2 or written proof of rejection of the Buyer’s application for finance.

Clause 12.1(9)

the details set out in Item (17.2) of the Item Schedule are correct and the Seller has caused notice of sale of the Property to be given to the Managing Agent mentioned in Item (17.3).

Clause 16

Inspection (Pre Settlement)

Clause 35.1

By signing this Contract all parties acknowledge agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Contract and any other related documents contracts, for signing purposes or otherwise, as far as such means of communication have been indicated in this document and/or any completed electronic consent form (ie. Facsimile numbers & email addresses).

Additions / Changes:

Item 20

(b)    Queensland Law Society Inc Standard Contract Default Interest Rate

Clause 28

If Settlement does not take place by the Settlement Date in Item (12) due to delay by the Seller, the Buyer may require the Seller to pay, as liquidated damages on Settlement, Interest on the Balance Purchase Price at the rate set out in Item (20).

Additions / Changes:

Clause 16(5)

survey in accordance with Clause (21)

Changes made to Cover Page / Statement (AU-QLD-RE-PS-004 only)

Changes to Cover Page / Statement Reversed

Changes made to Cover Page / Statement

Additions / Changes:

Item 6 Header

LOT DESCRIPTION

Item 7

Unless otherwise stated in Special Conditions the Purchase Price includes, where applicable, GST.

Item 11

Unless otherwise specified the Inspection Date will be 14 days from the Date of Contract

Item 15 Header

EXCLUDED IMPROVEMENTS

Item 15

Fixtures:

Item 16 Header

INCLUDED CHATTELS

Item 16

Chattels:

Note: includes all Improvements unless excluded in Item (15).

Item 17 Header

RESIDENTIAL TENANCIES & SHORT TERM/ HOLIDAY LETTINGS

Item 17

17.1 Residential Tenancies

Item 26

Special Conditions:

(a) Were inserted under instruction by a party to this Contract; and/or

(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (27), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.

Item 27

The parties have been advised to seek legal advice with respect to this Contract, including Special Conditions.

Clause 1(17)

Improvements: All fixed or permanent structures comprising on the Lot Land and any items fixed items to them, including domestic dwelling, sheds, car accommodation, pergolas, in-ground or fixed pools, fixed carpets and tiles, curtains, blinds and fittings, stoves, hot water systems, fixed antennae, fixed satellite dishes, fixed security systems, fixed clothes lines and all in-ground plants, unless excluded in Item (15).

Clause 1(21)(1)

All government and local government rates and charges assessed on the Land including land tax, water and sewerage rates, general rates, fire levy and all periodic charges up to and including the Adjustment Date; and or

Clause 1(31)

Tenancies: The Residential Tenancies as per Item (17.1).

Clause 1(31)

Tenancy Documents: All Tenancy Agreements, residential or otherwise, and documents ancillary thereto.relating to the Residential Tenancies.

Clause 3.4

The Buyer may pay the Deposit (in whole or in part) by Bank Bond or Bank Guarantee in a form acceptable to the Seller, in which case on receipt of the Bank Bond the Buyer's obligation to pay the Deposit shall have been satisfied to the extent of the Bank Bond.

Clause 3.5

The Deposit is payable to the Seller:

Clause 3.6

Should this Contract be properly terminated by the Buyer, the Deposit will be refunded to the Buyer in which case the Buyer shall have no further claim under this Contract unless there has been a breach of the provisions of this Contract by the Seller, giving rise to a claim for damages.

Clause 3.7

Investment of Deposit: (Note: see Section 380 of the Property Agents and Motor Dealers Act 2000)

Where the Stakeholder is instructed by the parties to invest the deposit, subject to any legislative requirements, then (except in the case of Bank Bond):

Clause 4

Clause 5.4

If the Buyer, through no default on the Buyer’s part, has not obtained the Finance approval by the Finance Date then the Buyer may by notice to the Seller:

Clause 5.7

Should the Buyer not obtain Finance Approval by the Finance Date and then subsequently: obtains Finance Approval and notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount.

and notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount.

Clause 6.1

The Seller is entitled to the Rents and Income profits and is liable for and will make payment of all Outgoings on the Property up to and including the Adjustment Date. Thereafter the Buyer shall be entitled to Rents and Income and be liable for all Outgoings. including rates, land tax and other taxes.

Clause 6.2

All Outgoings paid and, Rents and Income received, including post Settlement reassessments, by either party must be apportioned when received based on the Adjustment Date.  This excludes water rates charges based on usage. Payment must be made within 14 days of monies being received.

Clause 6.3

All Rents and Income received by the Seller in relation to periods subsequent to the Adjustment Date must be apportioned as at the Adjustment Date.

Clause 6.4

Unpaid Rent, as at Settlement, will not be adjusted until paid. No apportionment will be made at the Adjustment Date for unpaid rent.

Clause 6.4

All Outgoings, rent and income received by the Seller in relation to periods after the Adjustment Date shall be apportioned based on the Adjustment Date.

Clause 6.5

Land tax will be apportioned as if the Land was, at midnight on the 30th June proceeding the date of this Contract, were the Seller's only land in Queensland and the Seller is a natural person, resident in Queensland.

Clause 6.9

Should the Seller be entitled to any discount on Outgoings then, for the purpose of this Clause, the discount shall not be taken into account, unless already received paid.

Clause 6.10

Adjustments will be made with respect to water rates when the rates charged are based on the average daily usage using the following formula:

Adjustment =  TC/RD x AD

Where:

(ie. Settlement Date minus Adjustment Reading Date. where The Adjustment Reading Date is the date the water metre was read for the purpose of issue of Local Government water usage assessment)

Clause 7.3

On payment of the Balance Purchase Price, adjusted as provided in this Contract, by Bank Cheque/s (as directed by the Seller or its Solicitor in writing) and compliance by the Buyer with the conditions of this Contract the Seller must deliver (or cause to be delivered) to the Buyer (or as directed by the Buyer):

Clause 10.2

The Buyer may terminate this Contract by written notice to the Seller if any action taken or resolution passed by the Body Corporate, after the Date of Contract, constitutes a material breach of any matters contained in Item (24) of this Contract. Such Notice to be given within 7 days after the Buyer is given notice in accordance with Clause 10.1 hereof, but no later than the Settlement Date.14 days after the Buyer's copy of the signed Contract being received by the Buyer.

Clause 11.2(1)

claim forfeiture of the Deposit or call up any Bank Bond or Bank Guarantee provided in accordance with Clause 3.4; and/ or

Clause 12

Seller’s Warranties/ Buyer’s Right to Rescind

Clause 12.1(4)

the Seller is not insolvent or bankrupt nor has the Seller entered into an arrangement or composition with the Seller’s creditors.

Clause 12.1(6)

there are, at the Date of Contract, no outstanding or unsatisfied Notices, Orders or demands with respect to any Act, Regulation or By-Law, required to be complied with by the Seller pursuant to Clause 32.1, which have not been fully complied with or which may adversely affect:

Clause 12.1(10)

any Improvements to the Property not excluded in Item (15) will not have not been removed by the Seller. Any claim by the Buyer to the contrary must be directed to the Seller.

Clause 12.1(11)

in the case of vacant land, the Property has the Buyer may terminate this Contract if the Property has not been provided with a separate sewerage connection, unless otherwise disclosed in Item (26) (Special Conditions). This clause shall not apply to Property where other disposal systems are required and permissible by the local authority or council.

Clause 12.4

If a warranty set out in:

is incorrect or is breached by the Seller, the Buyer may:

Clause 12.5

Any notice given to the Seller under Clause 12.4 must set out clearly, details of the incorrect or breached warranty.

Clause 14

Clause 16(1)

Inspections in accordance with as per Clause 4.

Clause 17

Any monies payable under this Contract, (or any judgment given in respect of this Contract) not paid when due, will attract Interest, from the due date, to the date of payment at the rate prescribed in Item (20) and the party, to whom those monies are owed, when such monies are paid, may recover the interest thereon from the other party as liquidated damages. for payment to date of payment which shall be the Settlement Date (except as otherwise prescribed in the case of a judgment) at the rate prescribed in Item (20).

Clause 18.2(c)

compliance with or application of any Government or local Government requirements or proposals, statutory or otherwise (including Transport Infrastructure), with respect to the Land or adjoining land will materially adversely affect the Property; or

Clause 20.6

Occupation of the Property shall be at the Buyer’s risk. The Buyer will adequately insure the Property in both the Buyer’s and Seller’s name.

Clause 20.7

The Buyer indemnifies the Seller against any loss or damage the Seller may incur arising from the Buyer’s occupancy of the Property.

Clause 20.8

The Buyer will insure the Property, in a sum and on terms approved by the Seller, in both the Buyer’s and Seller’s names.

Clause 21

Property Survey Description

The Buyer may inspect the Property survey the Lot and in so doing cause a survey to be made of the Lot and fixed and permanent structures thereon and should there be an error or mis-description with respect to the dimensions of the Lot in this Contract or an encroachment onto or from the Lot the Buyer may:

In the case of Clause 21.1 (b) or should the Buyer elect to complete in the case of Clause 21.1 (a), the Buyer will be entitled to monetary compensation only.

Clause 22

In the case of a material or immaterial error or misdescription of the Property, including the Seller’s title thereto, the Buyer may:

Clause 23

Where the Buyer elects to complete under Clause 21(a) or 22(a) or must complete under Clause 21(b) or 22(b):

Clause 24

Clause 31.1

Time shall be of the essence. Settlement must may take place on the Settlement Date at any time between the hours specified in Clause 7.1 of this Contract.

Clause 32

Clause 34.5

A Seller’s Agent shall, for the purpose of this Clause, be recognised as a party and may receive Notices in accordance with Clause 34.1 on the Seller’s behalf if authorised by the Seller. Where notice cannot otherwise be served on the Seller in accordance with this Clause, notice may be served on the Seller’s Agent.

Clause 35.3

A solicitor appointed by a party shall have full authority to act on behalf of such party with respect to all matters relating to this Contract.

Clause 36

Changes to BCCM Form 14 as per Body Corporate and Community Management

Changes to attached PAMD 30c as per Office of Fair Trading

Additions:

Cover Page (c)(2)

having already received, read and signed the Disclosure Statement (BCCM Section 206) prior to signing the relevant/proposed contract mentioned in Item (a)(3) above.

Additions:

Clause 7.3(5)

in the case of short term and/ or holiday lettings where the Buyer agrees to accept same, any monies paid by way of letting deposits of where such deposits have been paid to a letting Agent, and assignment thereof in favour of the Buyer.

Clause 12.1(9)

the details set out in Item (17.2) of the Item Schedule are correct and the Seller has caused notice of sale of the Property to be given to the Managing Agent mentioned in Item (17.2).

Changes:

Item 7

Figures $ ..............................................................................................................

              ..............................................................................................................

Item 13

An electricity safety power switch  is / is not  installed for general purpose socket outlets.

(From 1 September 2002 Electricity Amendment Regulation (No. 3) 2002 The Electrical Safety Regulation 2002 requires the transferor of land on which a domestic residence is constructed to give notice of whether a safety switch has been installed. If one is not installed, then within 90 days from the date of possession, the new owner of the land must install a safety switch.) A licensed Electrician can advise in relation to this requirement.

Item 17

17.1 Tenancies

Term:      …………………………………………………………………………………………….

Options:  …………………………………………………………………………………………….

Rent:       ………………….……Tenant: …………..…………………………………………….

Commencement Date: …./…./….  Completion Date:  …./…/…..Bond:……...……………..

17.2 Short term/ Holiday Lettings

Bookings detailed in Item 17.2 which are not accepted by the Buyer must be notified to the Managing Agent not less than ………….days prior to Settlement.

Managing Agent: …………………………………………………………………………...........

Phone: ……………………….. Fax: ……………………Email:…………………………........

Clause 7.3(6)

duly executed assignment documentation on the Settlement Date together with appropriate notice to the tenants regarding assignment and copies of notification in accordance with Clause 12.1 (9).

Clause 10.2

The Buyer may terminate this Contract by written notice to the Seller if any action taken or resolution passed by the Body Corporate, after the Date of Contract, constitutes a material breach of any matters contained in Item (24) of this Contract. Such Notice to be given within 14 days after the Buyer's copy of the signed Contract being received by the Buyer.

Clause 21.7

The Seller will on or before the date of possession, give the Buyer a properly completed property transfer information form in accordance with the Fire and Rescue Service Amendment Act 2006.

Clause 27

If Settlement does not take place by the Settlement Date in Item (12) due to delay by the Seller, the Buyer may require the Seller to shall pay to the Buyer, as liquidated damages on Settlement, Interest on the Balance Purchase Price at the rate set out in Item (20).

Changes:

Cover Page

(c)(3)ii.

where not sent via electronic means, assembled in accordance with the legislation referred to in Item (a) {eg. stapled or bound together with the Warning Statement as the first or top page}

Additions:

Item 14

Smoke alarms are/are not installed on the Property.

{From the 1st July 2007 owners of all houses and units (domestic dwellings) in Queensland must install and maintain smoke alarms in compliance with the Fire and Rescue Service Act 1990 as amended.}

Clause 7.3(8)

a properly completed property transfer information form in accordance with the Fire and Rescue Service Amendment Act 2006.

Clause 12.1(11)

the Seller has complied with the Fire and Rescue Service Amendment Act 2006 with respect to smoke alarms.

Clause 21.7

The Seller will on or before the date of possession, give the Buyer a properly completed property transfer information form in accordance with the Fire and Rescue Service Amendment Act 2006.

Additions:

Clause 1(16)

G.S.T Act: refers to the A New Tax System (Goods & Services Tax) Act 1999.

Clause 1(17)

ITAA: refers to the Income Tax Assessment Act 1936 and the Income Tax Assessment Act 1997.

Clause 1(28)

Settlement: The conveyance of the Property from the Seller to the Buyer.

Clause 1(29)

Settlement Date: The appointed date specified in Item (12) for Settlement to occur.

Clause 1(30)

Special Contribution:  a levy on the owner of a lot fixed by the Body Corporate, in accordance with the Regulation Module, where a liability arises for which no provision, or inadequate provision has been made in the Body Corporate’s budget.

Clause 5

This Clause shall not apply unless all details in Item (10) are complete.

Clause 6.2

All Outgoings paid and, rent and income received, including post Settlement reassessments, by either party must be apportioned when received based on the Adjustment Date. This excludes water rates charges based on usage. Payment must be made within 14 days of monies being received.

Clause 6.3

No apportionment will be made at the Adjustment Date for unpaid rent.

Clause 6.8(2)

Where a Land Tax Clearance Certificate has been issued by the Adjustment Date the Buyer may deduct, as an adjustment, the amount specified in such a certificate and same shall forthwith be paid to the relevant authority and the Seller will be released from any obligations in respect to land tax on the land.

Clause 6.11

The Buyer is responsible for;

Clause 6.14

Any Special Contributions or exclusive use levy levied prior to the Date of Contract will be the responsibility of the Seller and thereafter will be the responsibility of the Buyer.

Clause 12.3(e)

the information contained in Item (20) is correct

Clause 17(3)

reading of the water meter

Clause 32

If an Agent has been appointed by the Seller as outlined in Item (2) to sell the Property for the Seller, authority vested in the Agent by the Seller shall be deemed to be vested in the Agent’s authorised employees.

Clause 34

Changes:

Clause 1

Defined terms have the same meaning throughout this Contract.

In this Contract (which includes the Item Schedule) the following terms mean:

Clause 2(2)

'person' includes a firm, a Body Corporate together with executors, administrators, successors and assigns.

Clause 3.3

Failure to pay any monies on time or by cheque, which is not honoured on presentation, will be an act of default by the Buyer in which case the Seller may terminate this Contract and otherwise act in accordance with Clause 11.1 of this Contract.

Clause 3.5

Investment of Deposit: (Note: see Section 380 of the Property Agents and Motor Dealers Act 2000)

Where the Stakeholder is instructed by the parties to invest the deposit, subject to any legislative requirements, then (except in the case of Bank Bond):

Clause 6.1

The Seller is entitled to the rents and profits and is liable for all Outgoings on the Property up to and including the Adjustment Date. Thereafter and after that date the Buyer shall be entitled to the Rents and profits income and be liable for all Outgoings including rates, land tax and other taxes.

Clause 6.4

All Outgoings, rents and profits income received by the Seller in relation relating to periods after the Adjustment Date subsequent to the Settlement Date shall must be apportioned based on the Adjustment Date.

Clause 6.5

Land tax will be apportioned as if the Land was, at midnight on the 30th June proceeding the date of this Contract, were the Seller's only land in Queensland. and the Seller is a natural person resident in Queensland.

Clause 6.10

Adjustments will be made with respect to water rates when the rates charged are usage will be based on the average daily usage using the following formula: for the most recently assessed period before the Adjustment Date.

Adjustment =  TC/RD x AD

Where:

(ie. Settlement Date minus Adjustment Reading Date where the Adjustment Reading Date is the date the water metre was read for the purpose of issue of Local Government water usage assessment)

Clause 7.3

On payment of the Balance Purchase Price, adjusted as provided in this Contract, by Bank Cheque/s as directed by the Seller and compliance by the Buyer with the conditions of this Contract the Seller must deliver to the Buyer:

Clause 10.2

The Buyer may terminate this Contract by written notice to the Seller if any action taken or resolution passed by the Body Corporate, after the Date of Contract Date, constitutes a material breech of any matters contained in Item (23) of this Contract. Such Notice to be given within 14 days after the Buyer's copy of the signed Contract being received by the Buyer.

Clause 12.1

The Seller warrants, unless otherwise disclosed in this Contract, that at the time of Settlement:

Clause 12.4

If a warranty set out in Clause 12.1 (excluding matters disclosed in Item (18) with relation to Clause 12.1 (6) or otherwise in Item (25)) or 12.3 (excluding matters disclosed in Item (24)) is incorrect the Buyer may:

Clause 18

Any monies payable under this Contract, (or any judgment given in respect of this Contract) not paid when due, will attract Interest, from the due date, for payment to date of payment which shall be the Settlement Date (except as otherwise prescribed in the case of a judgment) at the rate prescribed in Item (19). and the party, to whom these monies are owed, when such monies are paid, may recover the interest from the other party as liquidated damages.

Clause 22.1

The Seller believes the Property to be correctly described. The Buyer may survey the Lot and should there be an error or mis-description in this Contract or an encroachment onto or from the Lot the Buyer may:

In the case of Clause 22.1 (b) or should the Buyer elect to complete in the case of Clause 22.1 (a), the Buyer will be entitled to monetary compensation only.

Clause 23

Clause 31.1

The Seller must, by Settlement, fully comply with any Work Orders or Notices, issued by a competent authority, pursuant to Clause 12.1 (6), made on or before the Date of Contract and the Buyer shall comply with any Work Orders or Notices issued subsequent to the Date of Contract.

Clause 31.2

The costs of any Work Order or Notice complied with by one party which, under Clause 31.1, is the responsibility of the other party shall be, to the extent of such cost, an Adjustment to the Purchase Price in favour of the party who has incurred the costs.

Changes:

Item 18

Clause 1(17)

Land Tax Clearance Certificate:   A certificate issued by the Commissioner of Land Tax that describes the land charged, and showing whether or not any land tax remains unpaid on the land described in the application and where land tax remains unpaid, the amount thereof. states that there are arrears of land tax payable in respect thereof in accordance with (Section 37 (1A) of the Land Tax Act 1915)

Clause 1(21)

Property:   The Land described in Item (6) together with and Improvements described in Clause 1 (18), Item (6) of the Item Schedule and the included chattels described in Item (15) of the Item Schedule.

Clause 3.5

Investment of Deposit: (Note: see Section 380 of the Property Agents and Motor Dealers Act 2000)

Where the Stakeholder is instructed by the parties to invest the deposit, subject to any legislative requirements, If the Deposit is to be invested then (except in the case of Bank Bond):

Clause 5.8

Should the Buyer obtain Finance Approval on a date subsequent to the Finance Date and notifies the Seller prior to the Seller giving notice terminating the Contract, the Buyer will have complied with the request to obtain a loan in the Finance Amount.

Should the Buyer not obtain Finance Approval by the Finance Date and then subsequently:

And notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount.

Clause 6.2

No Adjustment will be made at Settlement for unpaid rent.

Clause 7.1

Settlement shall take place (Subject to Clause 7.3) on the Settlement Date specified in Item (12) (or if the Settlement Date is not a Business Day on the next Business Day following) between 10.00am and 5.00 pm:

Clause 7.3

The Seller will have provided to the Buyer no later than 3:00pm on the day prior to the Settlement Date, details of all cheques required for payment of the Balance Purchase Price. Should such details not have been provided in that time the Buyer has the right upon request, given no later than 5:00pm on that day, to a 24-hour extension of the Settlement Date.

Clause 8

The Seller must hand over the Property at Settlement without damage or loss to the condition, as at the Date of Contract (fair wear and tear excepted). Should there be damage or loss to the condition of the Property the Buyer may not delay Settlement or withhold monies.  However, the Buyer may claim the reasonable costs of effecting rectification from the Seller as liquidated damages notwithstanding Settlement may have taken place. The Buyer must however notify the Seller, prior to Settlement, of its intention to make a claim.

Clause 12.3

If a warranty set out in Clause 12.1 is incorrect the Buyer may: rescind this Contract. {Note: except in the case of matters disclosed in Item (18) with relation to Clause 12.1 (6) or otherwise in Item (25)}.

Clause 12.5

If a warranty set out in Clause 12.4 is incorrect the Buyer may, by notice to the Seller, (except in the case of matters disclosed in Item 24) rescind this Contract. {Note: except in the case of matters disclosed in Item (24)}.

Clause 15

The Property is sold free of Encumbrances and Tenancies except as notified other than those included in Items (16) and (17) (But subject to all reservations in favour of the Crown).

Clause 23.1

The Seller must, prior to Settlement, provide to the Buyer current copies of all relevant documents in the Seller’s procession reasonably required by the Buyer relating to the Property, in particular those relating to Tenancies, licences, warranties, and any unregistered dealings.

Clause 32.2

Where the Seller is not represented by a solicitor, service of a notice upon the Seller for the purposes of Finance (Item 10) and Inspections (Item 11) may be affected by posting the notice to the Seller's address (Item 2) by Registered Post before 5:00pm on the next Business Day after the date specified in the relevant item.

Additions:

Clause 4.10

Inspectors who conduct building inspections for the purposes of this Contract must be specifically licensed as Building Inspectors in accordance with the Queensland Building Services Authority Act 1999.

Clause 6.3

All rents and profits received by the Seller relating to periods subsequent to the Settlement Date must be apportioned on the Adjustment Date.

Clause 6.4

Unpaid rent, as at Settlement, will not be adjusted until paid.

Clause 32.3

A facsimile notice shall be deemed to have been served when transmitted to the facsimile number, agreed upon by the recipient, at the time of the facsimile transmission in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001 and otherwise complies with legislation.

Additions:

Clause 34

The Agent collects and uses personal information obtained from you (all parties) as a party to this Contract to provide the services required by you or on your behalf. You as a party to this Contract  agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable) marketing, sales promotion and administration and as required for legislative and regulatory requirements relating to promotion administration and use of the Agent’s products and services. Without provision of certain information the Agent may not be able to act effectively or at all on your behalf. The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.

Changes:

Item 8

Initial Deposit: ...................................................

Payable: ...........................................................

Balance Deposit: ...............................................

Payable by a date no later than: ..........................

Changes:

Clause 5.1

This Contract is subject to and conditional upon the Lender approving a loan to the Buyer in the Finance Amount, on terms and conditions satisfactory to the Buyer, for the purchase of the Property by the Finance Date (or such extended date as may be agreed). See Item (10).

Additions:

Clause 5.8

Should the Buyer obtain Finance Approval on a date subsequent to the Finance Date and notifies the Seller prior to the Seller giving notice terminating the Contract, the Buyer will have complied with the request to obtain a loan in the Finance Amount.

Additions:

Cover Page/Statement Added to Contract

Additions:

Clause 33

By signing this Contract all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Contract and any other related contracts, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

Changes:

Item 12

OR ………………………................................

Item 23

The Seller warrants that as at the date as of the completion of the Contract:

(i) 223(2)(a) & 223(2)(b) To the Seller's knowledge there are no latent or patent defects in the common property or Body Corporate assets, other than the following-

(ii) 223(2)(c) & 223(2)(d) To the Seller's knowledge there are no actual, contingent or expected liabilities of the Body Corporate that are not part of the Body Corporate's normal operating expenses, other than the following-

The Seller warrants that as at the completion of the Contract:

(iii) 223(3) To the Seller's knowledge there are no circumstances in relation to the affairs of the Body Corporate likely to materially prejudice the buyer, other than the following-

Clause 28

Any Special Conditions to this Contract shall form part of this Contract. Should there be any inconsistency between the Terms and Conditions, or any additional conditions, and the Special Condition, the Special Condition shall apply.

Clause 32.1 (d)

by a sender's cleared facsimile transmission to the party's facsimile number in Item (3) or (5); or

Changes:

Clause 1 (13)

Disclosure Statement: The statement complying with Section 206 or Section 213 of the BCCMA.

Clause 15

The Property is sold free of Encumbrances and Tenancies other than those included in Items (16), (17) (But subject to all reservations in favour of the Crown).

Changes:

Item 12

Date:   ……………….. OR ………………………. days from the Date of Contract

Changes:

Item 19

Change reference to Clause 3.5 (c) to 3.5(3)

Additions:

Clause 6.5

Should the Commissioner of Land Tax not have issued a Land Tax Clearance Certificate to the Purchaser by the Adjustment Date, then in such case the parties agree the Purchaser will retain in his Solicitor's Trust Account such sum, from the settlement monies, as the Commissioner of Land Tax specifies in writing would be prudent to cover any land tax liability outstanding for the period up to and including 30th June immediately preceding the Adjustment Date and upon a Land Tax Clearance Certificate issuing. The Purchaser undertakes and agrees to direct the Solicitor to pay from the funds held in the Trust Account so much of those funds as may be necessary to obtain for the Purchaser a Land Tax Clearance Certificate. Any balance funds remaining shall be paid to the Seller.

This obligation is a continuing obligation and does not lapse at settlement.

Clause 1 (17)

Land Tax Clearance Certificate: A certificate issued by the Commissioner of Land Tax that describes the land charged, and stating that there are arrears of land tax payable in respect thereof in accordance with Section 37 (2) of the Land Tax Act 1915.

Make changes to the page numbering thereafter to accommodate changes

Additions:

Clause 10.3

Nothing in this Contract precludes the Buyer from terminating this Contract under the provisions of Section 224 of the Body Corporate and Community Management Act 1997.

Changes:

Item 6

Address: ……………………………………………………………………………....

Lot No.   ……………… on GTP/BUP/SP…………………………………….…….

Title Reference:   …………………………….………………………………………..

Community Title Scheme (Name and No.): ……….……………………………….

Local Government: ………………………… Present Use: ………………………..

Changes:

Clause 1 (18)

Change sub letters to sub numbers

Item 19

Delete box

Change phrase in brackets to: (if left blank Item 20(b) is applicable)

Additions:

Item 21

Add two more lines under "Additional (please specify)"

Changes:

Note Page1

* By checking the Notices box, that party agrees to receive appropriate Notices via email to the specified email address (Clause29.1(e)).

Clause 19.2

c) compliance with or application of any statutory requirements with respect to the Land or adjoining land will materially adversely affect the Property; or

Clause 29.1 (e)

if both parties agree and it is lawful, by electronic transmission to the party at the email address shown for that party in the Item Schedule. (Refer to Items 2 to 5 of this contract); or

Changes:

Clause 4.1

The Contract is subject to and conditional upon the Buyer obtaining, by the Inspection Date, a building and/or pest report, by the date specified in Item (11), satisfactory to the Buyer, excluding Acknowledged Defects / Exclusions.

Changes:

Item 8

Payable by a date no later than: …………………………………………………….

Changes:

Heading

(section 33(2) of the Small Claims Tribunals Act 1973) In the Small Claims Tribunal in Queensland

Clause 6.6

The Deposit is payable to:

(a) the Seller:

(a) on Settlement; or

(b) in case of the Buyer's Default on default; or

Clause 6.9

Any amount adjustable under this provision which relates to land other than that included in the Property shall be (where no specific assessment is issued) adjusted proportionately based on the area of the whole of the land relative to the area of the Land included in the Property.

Clause 7.2

The Seller may direct the Buyer to provide on Settlement a cheque payable to the relevant authority for Outgoings assessed but unpaid at the Adjustment Date. It shall be the Buyer's responsibility to forward such cheque to the relevant assessing authority forthwith. This will be an adjustment for purposes of Clause 6.1.

Clause 7.10

The Buyer will have delivered to the Seller, at a reasonable time before Settlement for execution by the Seller, Transfer Documents for the Land and any assignment or other document necessary for Settlement of this Contract.

Clause 11.1 (2)

The Seller will, prior to Settlement, remove all chattels and other property not included in the sale, and repair all or any damage, if any, caused by such removal. Should the Seller fail to carry out such repairs the Buyer may do so and recover the cost of such repairs as liquidated damages from the Seller notwithstanding Settlement may have taken place.

Clause 17 (3)

one pre-settlement inspection in addition to Clauses 15 (1) & 15 (2).

Clause 18

Any monies payable under this Contract, or any Judgement given in respect of this Contract not paid when due, will attract Interest, from the due date, at the rate prescribed in Item (20) and the party, to whom these monies are owed, when such monies are paid, may recover the interest from the other party as liquidated damages.

Clause 32.4

Notices given by a party's solicitor will be deemed to have been given by and with the authority of the party.

Additions:

Clause 5.3

The Buyer must give notice to the Seller immediately upon approval/rejection of Finance in accordance with Clause 32 (Notice).

Clause 6.2

No adjustment will be made at Settlement for unpaid rent.

Renumber all other clauses below this to accommodate.

Clause 21.6

The Property shall be at the Buyer's risk. The Buyer will adequately insure the Property in both the Buyer's and Seller's name.

Changes:

Item 11

Added an entry box to allow for the entry of Acknowledged Defects

Clause 4.1

The Contract is subject to and conditional upon the Buyer obtaining, by the Inspection Date, a building and/or pest report, as outlined in Item (11), satisfactory to the Buyer, excluding Acknowledged Defects / Exclusions.

Additions:

Clause 4.9

In respect of white-ants, risk in itself will not constitute a reason for termination of this Contract.