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Sale Instruction Form

Thank you for choosing Symphony Legal to assist with your sale of property.

To begin the sale process with us we will need to obtain your detailed instructions on the matter.

Please complete the below form to the best of your abilities.

The form should take approximately 5-10 minutes to complete.

Vendor Type *Please provide details for each registered proprietor on the property title.

Individual

Full Legal Name

Date of Birth

PhoneIf not in Australia please provide international dialling code.

MobileIf not in Australia please provide international dialling code.

Email Address

Street Address

Apartment, suite, etc

City

State/Province

ZIP / Postal Code

Country

Forwarding Address

Apartment, suite, etc

City

State/Province

ZIP / Postal Code

Country

Country of Citizenship

Are you a foreign purchaser?You are a foreign purchaser if you are not: * A citizen or permanent resident of Australia. * A New Zealand citizen with a Special Category Visa (Subclass 444). To hold this visa, the New Zealand citizen must be physically present in Australia. Foreign entities are defined on the State Revenue Office website.

Add Individual Remove Individual

Company

Company Name

ACN

ABN

PhoneIf not in Australia please provide international dialling code.

MobileIf not in Australia please provide international dialling code.

Email Address

Are you the registered proprietor? *You will need to provide documentary evidence of your right to sell the property on behalf of the registered proprietor(s) (e.g., Power of Attorney, Grant of Probate or Administration etc.)

Is the registered proprietor on title acting as a trustee? *

What is the name of the trust?

What is the trust ABN?

What type of trust is it?Discretionary, unit, SMSF, etc.

Please ensure you provide our office with a copy of your Trust Deed/s for completeness of our records. If you do not have these readily available, you should be able to obtain them from your accountant.

Property Address *What is the address of the property for sale?

Apartment, suite, etc

City *

State/Province *

ZIP / Postal Code

Country *

Are there any car spaces, storage lots, or other areas included in the sale? *

Please specify.

Are any car spaces subject to a congestion levy? *

What is the Certificate of Title Volume and Folio (if known)?If there is more than one Certificate of Title, such as for a car space or storage locker, please list all Volumes and Folios.

Do you have a Mortgage over the title? *

What is the name of your lender/mortgagee?

What is the estimated amount required to discharge the mortgage?

Do you have a second Mortgage over the title?

What is the name of your second lender/mortgagee?

What is the estimated amount required to discharge the second mortgage?

Do you hold the original paper Certificate of Title?

You must provide the original Certificate(s) of Title to our office as soon as possible, and by no later than the settlement due date.

Copies of titles are often mistaken for originals, so it is essential to verify that you have the original ready for settlement early to avoid potential delays and issues from arising.

The title(s) will be destroyed or made invalid and converted to an electronic format at settlement when ownership is transferred to the Purchaser.

Do you know where your Certificate of Title is held and by who?

Please specify.

We have lost the Certificate of Title and are unable to locate it.

Don’t worry! Our office can arrange for a new Certificate of Title to be obtained by completing a Lost Title Application for you. Our professional costs for these works are $600.00 plus GST and disbursements. We note that there are typically disbursement fees of approximately $500.00 for such an application.

One of our team will contact you to discuss the Lost Title Application process further shortly.

What is the current use of the land? *e.g., vacant land, house, unit, factory, commercial office etc.

Are you aware of any failure to comply with any restrictions imposed by an easement, covenant, or other right? *e.g., a deck built over a sewer pipe

Please specify.

Is there access to the property by road? *

Have you received any demand, notice, order, requirement, proposal, declaration, or recommendation from a public authority or government department affecting the land? *e.g., a VCAT Order, street construction charge notice, works and/or subdivision by a neighbour in the immediate vicinity of the property?

Please specify.

Is the land insured? *

Please provide us with the details of your insurance cover.

Are you in occupation of the land? *

Is the property tenanted? *

Please provide our office with a copy of any Tenancy Agreement for the property including any Disclosure Statement issued to the tenant.

Are you aware of any fencing dispute with your neighbour(s)? *

Please specify.

Are you aware of any encroachment that affects the land? *e.g., a fence line in the wrong place or a neighbour’s shed built partly on your land – or vice versa

Please specify.

Have you received notice of any intended compulsory acquisition of any part of the land, such as for road widening? *

Please provide us with a copy of the notice.

Is the land in a bushfire prone area? *

Are you aware of any easements that affect the land that are not shown on the title or plan? *

Are you aware of any contamination on the land? *

Please specify.

Will the sale of the land trigger payment of the Growth Area Infrastructure Contribution (GAIC)? *

Generally, the GAIC does not apply to sales involving land under 0.41 hectares (4100 square metres or one acre). Further information is available here.

Have any Planning Permits or Building Permits been issued or refused in the past 7 years? *

Please provide a copy of any Planning Permits and Building Permits issued for the land.

Has an Occupancy Permit or Certificate of Final Inspection been issued? *

Are you aware of any Planning Permits or Building Permits that have been breached? *

Please specify.

How old is any building on the land (approximately)?

Owner Builder Works

An Owner Builder is someone that constructs or renovates a domestic building on his or her own land, and who is not in the business of building. This applies even if you retain a tradesperson to act on your behalf for the renovation works.

Additional information is available at:

Victoria Building Authority (VBA): https://www.vba.vic.gov.au/owner-builders
Consumer Affairs Victoria (CAV): https://www.consumer.vic.gov.au/housing/building-and-renovating/owner-builders

Owner Builder Works are legally required to be inspected and disclosed in a formal Section 137B Report commonly known as an Owner Builder Report when selling a property in Victoria. This forms part of your Section 32 Vendor Statement disclosures.

Owner Builder Reports can be obtained from a suitably qualified and registered building practitioner. If you require any recommendations for a local practitioner, please do not hesitate to contact our office.

Have you done any Owner Builder Works in the past 6.5 years? *e.g., kitchen and bathroom renovations, extensions, internal alterations etc.

Please outline the nature of the works undertaken.

Did the trade value of the works exceed $16,000.00? *

You must provide Owner Builder Warranty Insurance for the works. It is an offence to sell your property without Owner Builder Warranty Insurance.

Were the works completed under a Major Domestic Building Contract? *

Please provide us with a copy of the Building Contract.

A Major Domestic Building Contract is generally a contract for work worth more than $10,000.00. Additional information is available here.

Have safety switches and smoke alarms been installed? *

Is there a swimming pool or spa on the land? *

Has a safety barrier or fence been installed? *

Has the swimming pool or spa been registered with the Council? *

Has a Certificate of Barrier Compliance been obtained? *

Please provide a copy of the current Council rates notice, Water rates notice, and Land Tax notice for the land, if available. Our office will obtain formal certificates from the authorities to verify the property outgoings as part of preparing your Section 32 Vendor Statement disclosures.

Have you considered the Capital Gains Tax (CGT) consequence of selling the property? *YesNo

We recommend you discuss any tax related issues with your accountant or financial advisor.

Have you considered the GST treatment of the property sale? *YesNoFor example, whether the property is sold ‘plus GST’, ‘including GST’, or subject to the ‘Margin Scheme’. Standard residential property sales are typically inclusive of GST. We recommend you discuss any tax related issues with your accountant or financial advisor.

Please select the services below which are NOT connected to the land:ElectricityGasWaterSewerageTelephone ServicesNone of the Above‘Connected’ is not expressly defined in the Sale of Land Act 1962 (VIC). A service is connected where at the date the purchaser signs the Contract of Sale the service can be used.

Are there any water tanks installed and in use at the property? *

Are these included in the sale?

Is there a septic tank or septic treatment plant in use? *

Have solar panels been installed? *

Is the property subject to an Owners Corporation? *

Is the Owners Corporation active? *

Owners Corporation ManagerIf available, please provide us with a copy of your latest Owners Corporation Levy Notice.

Phone

Email

Address

As standard, the sale of the property includes: all fixed floor coverings, electric light fittings, window furnishings and all fixtures and fittings of a permanent nature.

Are any of these or any other specific goods excluded from the sale? *

Please list the excluded goods.

Are there any goods you would like to specifically include with the sale? *

Please list the included goods.

Are any goods included in the sale affected by a security interest on the Personal Property Securities Register (PPSR)? *

Please list the goods recorded on the PPSR.

Have you appointed a Real Estate Agent to sell your property? *YesNo

Company

Agent Name

Address

PhoneIf not in Australia please provide international dialling code.

Mobile

Email Address

Will you be selling the property under a Private Treaty without an agent?YesNo

Please provide us with your nominated Real Estate Agent’s contact details once appointed.

Will the property be sold via auction? *YesNo

Has an auction date been set?YesNo

What is the Auction Date?

Please ensure you notify our office once an auction date has been set.

Have you agreed to sell the land to your Real Estate Agent or one of their employees or relatives? *YesNo

Do you have a Purchaser for the property as of yet? *

Purchaser TypePlease provide details for each purchaser.

Individual

Full Legal Name

Date of Birth

PhoneIf not in Australia please provide international dialling code.

MobileIf not in Australia please provide international dialling code.

Email Address

Street Address

Apartment, suite, etc

City

State/Province

ZIP / Postal Code

Country

Forwarding Address

Apartment, suite, etc

City

State/Province

ZIP / Postal Code

Country

Country of Citizenship

Are you a foreign purchaser?You are a foreign purchaser if you are not: * A citizen or permanent resident of Australia. * A New Zealand citizen with a Special Category Visa (Subclass 444). To hold this visa, the New Zealand citizen must be physically present in Australia. Foreign entities are defined on the State Revenue Office website.

Add Individual Remove Individual

Company

Company Name

ACN

ABN

PhoneIf not in Australia please provide international dialling code.

MobileIf not in Australia please provide international dialling code.

Email Address

Has the Purchaser appointed a legal representative?

CompanyPlease provide our office with the Purchaser’s legal representatives’ details.

Name

Address

Phone

Email

Is the Registered Proprietor related to the Purchaser?

Please provide details of the relationship between the parties.

Is the Purchaser a subsidiary or holding company related to the Registered Proprietor?

Please provide details of the relationship between the parties.

If the property is held under a trust, is the Purchaser likely to be a beneficiary of the trust?

Is there an arrangement to grant the purchaser occupation or possession of the property before settlement?If yes, this renders the sale as a Terms Sale and an additional Vendor’s Statement is required. One of our team will contact you to discuss the arrangements.

Are there any Option to Purchase Agreements in place which give a party the right to take up the option to purchase the property, goods, or land from you? *If yes, please provide a copy of the Option to Purchase Agreement.

Does any tenant or other person have a Right of First Refusal to buy the land? *If yes, please provide a copy of the relevant Tenancy Agreement or Deed or Agreement which confers the Right of First Refusal.

Does the sale involve a divorce or separation? *

Do the registered proprietors require their personal contact information to be kept private and confidential from one another? *

We will correspond separately and individually with each registered proprietor. Personal information will be kept private and confidential.

The registered proprietors are on amicable terms and may be communicated with collectively.

Have you considered the effect the sale will have on your Will? *YesNo

Please contact our office if you require any advice in relation to your Will or Estate Planning services.

Are there any Material Facts affecting the property you need to disclose? *

A material fact is a fact that would be important to a potential purchaser in deciding whether or not to buy the property, or to buy it only at a certain price. This can include matters such as illegal building works, drug labs, asbestos, termite infestations, combustible cladding, significant events such as flooding or fires at the property, sinkholes in the vicinity of the property, violent crimes or homicides at the property, major developments near the property, or underlying cause of an obvious defect in the property that is not readily apparent upon inspection.

You have a duty to disclose such matters. Failure to do so may result in the Purchaser having potential grounds to terminate and exit the Contract of Sale.

A copy of the Material Fact Guidelines can be found here.

Please Specify:

Are there any matters you believe we should be aware of? *YesNo

Please Specify:

How did you hear about us? *

Questions

Please list any questions you may have regarding your purchase at this stage.

Questions

Attachments

Drag and Drop (or) Choose Files

Please attach the aforementioned documents to assist us with the preparation of your Contract of Sale and Section 32.

Once you have finished providing all information please click 'Submit Form'.