Schedule 1—Contracts for sale of land or businesses—forms
Form 1—Vendor's statement
(Section 7 Land and Business (Sale and Conveyancing) Act 1994)
Part A—Parties and land
Part B—Purchaser's cooling off rights and proceeding with the purchase
Part D—Certificate with respect to prescribed inquiries by registered agent
☐
Schedule
The purpose of a statement under section 7 of the Land and Business (Sale and Conveyancing) Act 1994 is to put you on notice of certain particulars concerning the land to be acquired.
If you intend to carry out building work on the land, change the use of the land or divide the land, you should make further inquiries to determine whether this will be permitted. For example, building work may not be permitted on land not connected to a sewerage system or common drainage scheme if the land is near a watercourse, dam, bore or the River Murray and Lakes.
The Aboriginal Heritage Act 1988 protects any Aboriginal site or object on the land. Details of any such site or object may be sought from the "traditional owners" as defined in that Act.
If you desire additional information, it is up to you to make further inquiries as appropriate.
Instructions to the vendor for completing this statement:
☐ means the Part, Division, particulars or item may not be applicable.
If it is applicable, ensure the box is ticked and complete the Part, Division, particulars or item.
If it is not applicable, ensure the box is empty or strike out the Part, Division, particulars or item. Alternatively, the Part, Division, particulars or item may be omitted, but not in the case of an item or heading in the table of particulars in Division 1 of the Schedule that is required by the instructions at the head of that table to be retained as part of this statement.
means strike out or omit the option that is not applicable.
All questions must be answered with a YES or NO (inserted in the place indicated by a rectangle or square brackets below or to the side of the question).
If there is insufficient space to provide any particulars required, continue on attachments.
Part A—Parties and land
1 Purchaser:
2 Purchaser's registered agent:
3 Vendor:
4 Vendor's registered agent:
5 Date of contract (if made before this statement is served):
6 Description of the land:
[Identify the land including any certificate of title reference]
☐
☐
Right to cool‑off
(section 5)
1—Right to cool‑off and restrictions on that right
You may notify the vendor of your intention not to be bound by the contract for the sale of the land UNLESS—
(a) you purchased by auction; or
(b) you purchased on the same day as you, or some person on your behalf, bid at the auction of the land; or
(c) you have, before signing the contract, received independent advice from a legal practitioner and the legal practitioner has signed a certificate in the prescribed form as to the giving of that advice; or
(d) you are a body corporate and the land is not residential land; or
(e) the contract is made by the exercise of an option to purchase not less than 5 clear business days after the grant of the option and not less than 2 clear business days after service of this form; or
(f) the sale is by tender and the contract is made not less than 5 clear business days after the day fixed for the closing of tenders and not less than 2 clear business days after service of this form; or
(g) the contract also provides for the sale of a business that is not a small business.
2—Time for service
The cooling‑off notice must be served—
(a) if this form is served on you before the making of the contract—before the end of the second clear business day after the day on which the contract was made; or
(b) if this form is served on you after the making of the contract—before the end of the second clear business day from the day on which this form is served.
However, if this form is not served on you at least 2 clear business days before the time at which settlement takes place, the cooling‑off notice may be served at any time before settlement.
3—Form of cooling‑off notice
The cooling‑off notice must be in writing and must be signed by you.
4—Methods of service
The cooling‑off notice must be—
(a) given to the vendor personally; or
(b) posted by registered post to the vendor at the following address:
(being the vendor's last known address); or
(c) transmitted by fax or email to the following fax number or email address:
(being a number or address provided to you by the vendor for the purpose of service of the notice); or
(d) left for the vendor's agent (with a person apparently responsible to the agent) at, or posted by registered post to the agent at, the following address:
(being *the agent's address for service under the Land Agents Act 1994/an address nominated by the agent to you for the purpose of service of the notice).
Section 5(3) of the Land and Business (Sale and Conveyancing) Act 1994 places the onus of proving the giving of the cooling‑off notice on the purchaser. It is therefore strongly recommended that—
(a) if you intend to serve the notice by leaving it for the vendor's agent at the agent's address for service or an address nominated by the agent, you obtain an acknowledgment of service of the notice in writing; or
(b) if you intend to serve the notice by fax or email, you obtain a record of the transmission of the fax or email.
5—Effect of service
If you serve such cooling‑off notice on the vendor, the contract will be taken to have been rescinded at the time when the notice was served. You are then entitled to the return of any money you paid under the contract other than—
(a) the amount of any deposit paid if the deposit did not exceed $100; or
(b) an amount paid for an option to purchase the land.
Proceeding with the purchase
If you wish to proceed with the purchase—
(a) it is strongly recommended that you take steps to make sure your interest in the property is adequately insured against loss or damage; and
(b) pay particular attention to the provisions in the contract as to time of settlement - it is essential that the necessary arrangements are made to complete the purchase by the agreed date - if you do not do so, you may be in breach of the contract; and
(c) you are entitled to retain the solicitor or registered conveyancer of your choice.
(section 7(1))
*I/We,
of
being the *vendor(s)/person authorised to act on behalf of the vendor(s) in relation to the transaction state that the Schedule contains all particulars required to be given to you pursuant to section 7(1) of the Land and Business (Sale and Conveyancing) Act 1994.
Part D—Certificate with respect to prescribed inquiries by registered agent
(section 9)
I,
certify *that the responses/that, subject to the exceptions stated below, the responses to the inquiries made pursuant to section 9 of the Land and Business (Sale and Conveyancing) Act 1994 confirm the completeness and accuracy of the particulars set out in the Schedule.
Exceptions:
*Vendor's/Purchaser's agent
*Person authorised to act on behalf of *Vendor's/Purchaser's agent
☐
Schedule—Division 1—Particulars of mortgages, charges and prescribed encumbrances affecting the land
Section 7(3) of the Act provides that this statement need not include reference to charges arising from the imposition of rates or taxes less than 12 months before the date of service of the statement.
Where a mortgage, charge or prescribed encumbrance referred to in column 1 of the table below is applicable to the land, the particulars in relation to that mortgage, charge or prescribed encumbrance required by column 2 of the table must be set out in the table (in accordance with the instructions in the table) unless—
(a) there is an attachment to this statement and—
(i) all the required particulars are contained in that attachment; and
(ii) the attachment is identified in column 2; and
(iii) if the attachment consists of more than 2 sheets of paper, those parts of the attachment that contain the required particulars are identified in column 2; or
(b) the mortgage, charge or prescribed encumbrance—
(i) is 1 of the following items in the table:
(A) under the heading 1. General—
1.1 Mortgage of land
1.4 Lease, agreement for lease, tenancy agreement or licence
1.5 Caveat
1.6 Lien or notice of a lien
(B) under the heading 36. Other charges—
36.1 Charge of any kind affecting the land (not included in another item); and
(ii) is registered on the certificate of title to the land; and
(iii) is to be discharged or satisfied prior to or at settlement.
Table of particulars
Column 3
[If an item is applicable, ensure that the box for the item is ticked and complete the item.]
[If an item is not applicable, ensure that the box for the item is empty or else strike out the item or write "NOT APPLICABLE" or "N/A" in column 1. Alternatively, the item and any inapplicable heading may be omitted, but not in the case of—
(a) the heading "1. General" and items 1.1, 1.2, 1.3 and 1.4; and
(b) the heading "5. Development Act 1993 (repealed)" and item 5.1; and
(c) the heading "6. Repealed Act conditions" and item 6.1; and
(d) the heading "29. Planning, Development and Infrastructure Act 2016" and items 29.1 and 29.2,
which must be retained as part of this statement whether applicable or not.]
[If an item is applicable, all particulars requested in column 2 must be set out in the item unless the Note preceding this table otherwise permits. Particulars requested in bold type must be set out in column 3 and all other particulars must be set out in column 2.]
[If there is more than 1 mortgage, charge or prescribed encumbrance of a kind referred to in column 1, the particulars requested in column 2 must be set out for each such mortgage, charge or prescribed encumbrance.]
[If requested particulars are set out in the item and then continued on an attachment due to insufficient space, identify the attachment in the place provided in column 2. If all of the requested particulars are contained in an attachment (instead of in the item) in accordance with the Note preceding this table, identify the attachment in the place provided in column 2 and (if required by the Note) identify the parts of the attachment that contain the particulars.]
General
1.1
Mortgage of land
☐
Number of mortgage (if registered):
Name of mortgagee:
1.2
Easement
(whether over the land or annexed to the land)
"Easement" includes rights of way and party wall rights.
☐
Description of land subject to easement:
Nature of easement:
Are you aware of any encroachment on the easement?
If there is an encroachment, has approval for the encroachment been given?
1.3
Restrictive covenant
☐
Nature of restrictive covenant:
Name of person in whose favour restrictive covenant operates:
Does the restrictive covenant affect the whole of the land being acquired?
If NO, give details:
Does the restrictive covenant affect land other than that being acquired?
1.4
Lease, agreement for lease, tenancy agreement or licence
(The information does not include information about any sublease or subtenancy. That information may be sought by the purchaser from the lessee or tenant or sublessee or subtenant.)
☐
Period of lease, agreement for lease etc:
From to
Amount of rent or licence fee:
$ per (period)
Is the lease, agreement for lease etc in writing?
If the lease or licence was granted under an Act relating to the disposal of Crown lands, specify—
(a) the Act under which the lease or licence was granted:
(b) the outstanding amounts due (including any interest or penalty):
1.5
Caveat
☐
Name and address of caveator:
Particulars of interest claimed:
1.6
Lien or notice of a lien
☐
Land or other property subject to lien:
Nature of lien:
Name and address of person who has imposed lien or given notice of it:
Aboriginal Heritage Act 1988
2.1
section 9—Registration in central archives of an Aboriginal site or object
☐
Particulars of register entry:
2.2
section 24—Directions prohibiting or restricting access to, or activities on, a site or an area surrounding a site
☐
Site or area to which notice relates:
Directions (as stated in notice):
2.3
Part 3 Division 6—Aboriginal heritage agreement
☐
Burial and Cremation Act 2013
3.1
section 8—Human remains interred on land
☐
Have human remains been interred on the land that will not be exhumed prior to settlement?