Selling a Property - Information

A property cannot be sold unless a contract has been prepared in accordance with the regulations. It is illegal for an agent or a private seller to offer a property for sale without such a contract being available where the property is being sold.

So the first thing to do is have the contract prepared. We can take sale instructions on the phone or by email [see below]. We will obtain details of the property, its construction history, especially about any structural changes to the property which should have had Council approval. We will also need to compile a list of inclusions to describe in the contract as being included in the sale. Inclusions are items which are not fixtures eg floor coverings, curtains, light fittings, blinds, dishwasher, microwave oven, clothesline, alarm systems, air conditioners, garden sheds, insect screens on windows, screen doors or security doors, swimming pool equipment, garage door opening systems and similar items which can be relatively easily removed but are to stay with the property.

We will need a title reference such as Lot number and Deposited Plan number. This can be found on a Council rate notice. Also, have your loan number ready to give us. Most of the other information you will already know without looking anything up.

We particularly need to know if there are any structural changes to the property which are not council approved. These should be disclosed or the buyer may have rights before settlement to have them approved or repaired.

We will need to know if you have any special requirements about settlement times which are generally 35 or 42 days after the date of the contract exchange.

We will prepare a contract from this information and send a copy to your agent as soon as it is ready. Normally it takes about 7 days to have a contract prepared. The main time constraint is obtaining a Council zoning certificate which, without paying a special fee, takes about 7 days to issue. Some Councils are better than others in this regard.

After the contract is prepared, any exchange by the agent with Cooling Off rights is done using your contract as prepared for you.

BELOW IS A LIST OF THE BASIC INFORMATION WE NEED TO PREPARE A SALES CONTRACT. WE WILL SEND YOU AN EMAIL ON WHICH YOU CAN ADD THE ANSWERS. WE WILL BE ASKING FOR INFORMATION AS SET OUT BELOW IF YOU WANT TO GET IT READY.

Address of the property
Do you live in it?
If you do not, who occupies the property?
Is there a lease if someone else occupies the property?
If someone else occupies the property, do you want to sell the property subject to that lease? [ie so that the purchaser takes over the tenant; in which case we will need a copy of the lease to attach to the contract]
Who is your selling agent? [Name and address and contact]
How old do you estimate it to be since the property was first built?
Lot Number and Deposited Plan number. You can find this on a council rate notice. If you can't conveniently, skip this answer.
Do you have a mortgage on the property? If so, who is the bank or other lender?
Is this property a security for any other loan you might have [eg for another investment property]
What is your loan number
What sort of property is it? [House, Townhouse, Home unit etc]
What are the major structures on the property [separate garage, swimming pool, pergola etc]
If there is a pool, is it an in ground pool?
Have any major additions being carried out to the property since it was first built [like a rumpus room extension, upper story extension etc]
Was it done by you or a previous owner?
What can you tell us about any Council approval of the additions?
Is the property connected to the sewer? [Note -some outer suburbs are not and have septic systems]
Do you have any disputes with neighbours at the moment about fences, trees, boundaries etc?
Have you received any notice from the Council or other public authority about the property [eg to fix anything, or to stop any conduct or pay any money except normal rates]
We need to list the inclusions which are to be part of the sale which are not part of the "building". Common examples are:
Fixed floor coverings, light fittings, blinds, curtains, insect screens on windows, screen or security doors, dishwasher, microwave, stove, hotplates, range hood, air conditioning unit OR air conditioning ducted system, room heater [eg slow combustion wood stove], alarm system, garden shed, intercom system, music system, built in vacuum system, swimming pool filtration equipment [if there is a pool or spa], built in BBQ, garage door opening system [how many remote controllers if there is?] [
Any other inclusions not in the above list
Any inclusion you want to reserve the right to REMOVE [eg dishwasher, microwave are common examples]
Have you any knowledge of any illegal structures [that is, not Council approved] If so, we will need to talk to you about them.
If a strata property, advise the name, address and phone number of the strata managing agent.
If a community title property, advise the name, address, and phone number of the community title managing agent
If a strata property, advise if you are aware of any current proposal to raise any special levies