I recently had a telephone call from a client who told me that:

“I want to sell my house; can you assist me?”

I truly care about my clients and do my best to ensure that have a smooth journey in the sale or purchase of a property. I undertake enquiries to discover all readily available information which is included in my fixed price.

It is very important that when you draft a Contract for Sale for a property that proper enquiries are made and the seller provides all relevant information and mandatory documents with the Contract for Sale. It is for that reason you need to employ an experienced solicitor who knows all the pitfalls and traps that sellers or buyers can encounter. In giving advice to a client a lawyer needs to undertake many enquiries, then provide you with a written advice, ensuring that you understand everything regarding the contract for the property you are either selling or buying.

All contracts contain additional conditions that are added to the standard Law Society contract for Sale of Land. These must be drafted and explained to you, to ensure that as much is possible that your rights are protected and nothing is missed. It is very important that you advise the following:

  1. If you have a swimming pool whether it is registered and whether or not you have a swimming pool compliance certificate;
  2. Whether or not all building works that have been undertaken on the property have either the relevant approvals or are exempt works;
  3. Advise whether the building has been completed in the last 7.5 years;
  4. If the building works were completed in the last 7.5 years you need to disclose if those works were undertaken as an owner builder and:
  5. If you are an owner builder, the mandatory residential building insurance is not required. This results in that a mandatory statutory Consumer Warning must be included in the contract;
  6. If you have engaged any contractors to undertake work over $20,000.00 in the last 7.5 years, then they are required to have the mandatory residential building insurance and have provided a copy of the said insurance certificate. I recommend that the insurance certificates should be attached to the Contract for Sale. In the event of any faulty work undertaken by that contractor it will allow the buyer to contact the contractor directly as that work is not your responsibility to repair; and
  7. Depending upon your status as an owner/builder, you may be subject to GST implications; and
  8. Whether or not there is a lease with a government body such as a lease for a waterfront jetty.

Whilst this list is not exhaustive, these are matters that are often ignored which can result in a buyer being able to cancel a contract for sale. If you; your family or friends are thinking of either buying or selling your property please contact me to discuss their sale or purchase.

Wishing you a wonderful day. If you have any queries do not hesitate in contacting me.

Jeffrey

0419 233 670

jeffrey@jcllegal.com.au

I am available to discuss legal matters either in my office, by telephone or by Zoom conference; please note that notary services must be undertaken in person.

Published On: June 20th, 2022 / Categories: Family Law /

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