Selling a house is actually quite a long and involved process. Because Although traditionally, it thought of as quite a simple issue, the law in this area has become increasingly complicated in recent years and it can take some time to properly resolve the issues surrounding the previous history of the property and to get the appropriate documentation together to ensure that the contract is valid under New South Wales law. If the following documents are not included in a Contract, it will usually not be valid:
1. A section 149 certificate
2. A sewer service diagram
3. A Title Search
4. A copy of a plan for the land
5. All deeds, dealings and other instruments lodged or registered in the Land and Property Management Authority that are shown on the title search for the lot and that create or purport to create any of the following interests that burden or benefit or purport to burden or benefit the land or any part of the land, together with copies of all memoranda referred to in any such instrument:
(a) easements,
(b) profits à prendre,
(c) restrictions on the use of land,
(d) positive covenants imposed under Division 4 of Part 6 of the Conveyancing Act 1919 .
Also, if the contract of sale is part of a strata scheme, copies of all deeds, dealings and other instruments lodged or registered in the Land and Property Management Authority that are shown on the property certificate for the relevant common property are also included in the contract for sale:
(a) easements,
(b) profits à prendre,
(c) restrictions on the use of land,
(d) positive covenants imposed under Division 4 of Part 6 of the Conveyancing Act 1919 .
It is also required that the contract include a notice in or to the effect of each of the following notices (unless the notice is printed in the contract), being a notice that is legibly printed, in bold type, with the words shown in capital letters in the heading being at least 14 point, and the rest of the notice printed in letters at least 10 point:
IMPORTANT NOTICE TO VENDORS AND PURCHASERS Before signing this contract you should ensure that you understand your rights and obligations, some of which are not written in this contract but are implied by law.
WARNING-SMOKE ALARMS The owners of certain types of buildings and strata lots must have smoke alarms (or in certain cases heat alarms) installed in the building or lot in accordance with regulations under the Environmental Planning and Assessment Act 1979 . It is an offence not to comply. It is also an offence to remove or interfere with a smoke alarm or heat alarm. Penalties apply.
WARNING-SWIMMING POOLS An owner of a property on which a swimming pool is situated must ensure that the pool complies with the requirements of the Swimming Pools Act 1992 . Penalties apply. Before purchasing a property on which a swimming pool is situated, a purchaser is strongly advised to ensure that the swimming pool complies with the requirements of that Act.
Finally, it is almost always essential to include special conditions in a contract for sale of a property and it takes some experience to know what a good set of special conditions is likely to contain. We offer property sale contract preparation services and if you would like to procure our services in order to prepare for the sale of your property, please do not hesitate to contact us.
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