Searches and Form 1 Authority

  • FORM 1 AND SEARCH AUTHORITY

  • (Agent)

    Tell us a little bit about your Real Estate agent

  • (Vendor/s)

    Tell us a little bit about you

  • (Property Details)

    Tell us a little bit about your property
  • Is this a Deceased Estate or are you acting under Power of Attorney?*
  • Is the property Strata/Community titled?*
  •  -

  • Fees (incl. GST)

  • Please select the relevant option:*
  • Please select the relevant option:*

  • *Admin Fee of $66 including GST is included in the Standard Searches Fee above.

     

    *I/we acknowledge that the standard search fees outlined above may increase should additional searches be required (e.g. for encumbrances, caveats etc) and may decrease if certain searches are not required / available (e.g body corporate searches). I/we also acknowledge that the Form 1 Preparation fees outlined above apply per allotment/lot/unit and/or Certificate of Title and that any re-work due to errors or omissions by the party completing this questionnaire or due to information within the Form 1 becoming outdated once prepared may incur an update fee of up to half of the original preparation fee, which I/we agree to pay. In addition, the Form 1 Preparation Fee for proposed land within a plan of division may incur a higher preparation fee of up to 150% of the amount quoted below, which I/we agree to pay.

     

    I/we acknowledge that an invoice for the preparation of the Form 1 and all searches ordered on my behalf will be issued to me/us, and the invoice is payable in accordance with items a) and b) below.

    a) If Aaron Conveyancing is appointed as the conveyancer in relation to your property settlement and the property is sold within 1 month of the above searches being ordered, the fees outlined above may be paid at settlement from the sale proceeds. Additional conveyancing fees in relation to the transfer of your property ownership will be payable at settlement - please contact Aaron Conveyancing to obtain a quote if required.

    b) If Aaron Conveyancing is not appointed as the conveyancer in relation to your property settlement or if your property is not sold within 1 month, is withdrawn from sale or the sale is terminated, payment of the Fees will be required within 7 days of invoice. 

     

    I/we and/or the body corporate (if applicable) that I/we are authorised to act on behalf of acknowledge and agree that:

    1. Aaron Conveyancing is providing credit to me and that if the invoice is not paid in accordance with the payment terms outlined above, Aaron Conveyancing may in its absolute discretion charge an additional administrative fee of $55 including GST for all late payment/s and may agree to payment of the invoice being made in instalments, and if so an instalment administration fee of $22 including GST will apply in addition to each instalment payment; and

    2. Eblen Conveyancing Pty Ltd ATF Eblen Conveyancing Trust T/AS Aaron Conveyancing may assign this debt and all its interests herein and I/we consent to any assignment or transfer and understand that I/we will be responsible for any recovery costs. I/we charge any and all real property that I/we and/or the corporation (if applicable) own with this debt (in addition to all recovery costs) and this charge may be registered. This authority is executed as a deed.

  • (Vendor Questionnaire)

  • MORTGAGES, CHARGES & PRESCRIBED ENCUMBRANCES (Division 1)

  • Is the property subject to any loan or mortgage, either registered or unregistered?*
  • Have you changed your name since purchasing the property?*
  • If you are a Company, do you have any Security Agreements that are registered under the Personal Property Securities Act? ie. Debenture or Bill of Sale over Directors*
  • Do you have an easement or right of way in relation to the property?*
  • If your property is subject to an easement, do you have an encroachment on the easement (wherein a large structure, building, shed, large tree is on the easement)?*
  • Are you aware of any Restrictive Covenant, Encumbrance, Licence or similar over the property?*
  • Is there any Unregistered Lease, Agreement for Lease, Tenancy Agreement or Licence to Occupy (either written or verbal) in relation to the property? If yes, please provide copy of agreement to eliminate any delays.*
  • If you do not live at the property, is the house vacant or will the tenant be vacating the property prior to settlement?*
  • Do you have solar panels on the property?*
  • If yes, are they on a hire purchase agreement, or under a finance or lease agreement?*
  • Have you received any notice regarding rectification of plumbing?*
  • Have you received any notice regarding paths, kerbs or roads?*
  • Have you received any notice regarding pests, plants, growth removal (Country Fire Act)?*
  • Is the property affected by the Heritage Act or National Trust?*
  • Has there been any Notice issued under the Fences Act 1975 or has a neighbour requested the repair/replacement or removal of a fence on your property?*
  • Have you received any notice from any adjoining owners with regards to building, development, fencing, retaining walls or other matters?*
  • Are you aware of any trees on your property that have been declared as significant or could possibly be significant?*

  • MATTERS AFFECTING LAND (Division 2)

  • Have there been any transactions affecting the title in the last twelve months have you purchased the property, refinanced, changed ownership on the property or had a contract to sell the property that has been cancelled?*
  • Is there any Building Indemnity Insurance for building works on the property?*
  • Is there a building on the land (other than private residence or its own outbuildings) where material that consists of or contains asbestos is installed?*
  • Is your property a Strata Title, Community Title or Development Lot?*
  • Are you aware of any breach (by yourself or any other person) of the Strata Titles Act, Community Titles Act, the Strata Corporation Articles of Incorporation or the Community Scheme Description*
  • Is there a current or prior Court or Tribunal Process affecting the Property?*

  • PARTICULARS RELATING TO ALUMINIUM COMPOSITE PANELS

  • Have you been notified that a building on the land has been identified, as part of a South Australian Building Clad Audit initiated in 2017 and conducted by the former Department of Planning, Transport and Infrastructure in conjunction with the Metropolitan Fire Service, Country Fire Service and Councils?*
  • If yes, have you been notified that a building on the land has aluminium composite panels installed on the exterior of the building? If yes, have you been notified that the panels pose a moderate, high or extreme risk?*
  • If yes, have you been notified that a building on the land has aluminium composite panels installed on the exterior of the building? If yes, have you been notified that the panels pose a moderate, high or extreme risk?*
  • If yes, have you been advised that the necessary remedial work has not been performed or that a determination has been made by the relevant council that no further action is required?*

  • PARTICULARS RELATING TO ENVIRONMENT PROTECTION

  • Is the Vendor aware of any of the following activities having occurred on the land since the Vendor acquired an interest in the land (tick what applies)
  • Has the Vendor been advised by anyone that any of the above activities have occurred on the land prior to the Vendor acquiring an interest in the land?*
  • Is the Vendor aware of any environmental assessment (including any not yet completed) of the land, or any part of the land, or any industrial facility on the land having been carried on after the Vendor acquired an interest in the land?*
  • Has the Vendor been advised by anyone that any such environmental assessment was carried on before the Vendor acquired an interest in the land?*
  • Are you aware of any commercial or industrial activities on land in the vicinity of your property that may impact your property? (e.g agricultural activities, market gardens, airport, farming activities or industrial operations on neighbouring or nearby land).*

  • OTHER MATTERS RELATED TO THE PROPERTY

  • Are you aware of any fences not on the true boundaries or any encroachment of any structure over the boundaries?*
  • Are there any improvements on the property (including swimming pools, pergolas, verandahs, extensions, fences, sheds, etc.) which have been erected without the necessary Council approval(s)?*
  • Has any work on the property (such as electrical or plumbing) been completed by anyone other than a licensed tradesperson, and has any required Certificate of Compliance not been provided to you?*
  • Do you have a water licence or permit to draw water from a bore, dam or other water source (other than mains water)?*
  • Is there a swimming pool on the property?*
  • If yes, does the swimming pool fencing comply with safety legislation?*

  • If compliant, please provide a copy of the Pool Compliance Certificate

  • Are there any other matters which are relevant to the property which the agent or the purchaser should be aware of?*

  • Notice to the Vendor, or the person signing this Questionnaire for the Vendor

    The Land and Business (Sale and Conveyancing) Act 1994 requires the Vendor and the Agent to provide certain information to the Purchaser of the land. This document will be used to assist in the provision of that information to the Purchaser and should be completed accurately.

    Declaration

    I/we the Vendor/person representing the Vendor DO HEREBY STATE that to the best of my/our knowledge the above information supplied is true and correct and is a full disclosure of all required information and I/we will advise the Agent and Aaron Conveyanicng as soon as I become aware of any changes to this information. I/we am/are aware that incorrect or incomplete information may place the proposed sale of the property at risk in addition to any other liability, either legal or civil, which I/we might incur. 

    If I/we sign herein and / or the Form 1 as an authorised person/s on behalf of the Vendor, I/we warrant my/our authority to do so is valid and not withdrawn and is either in writing as appointee, attorney or delegated authority or in the case of a body corporate I/we confirm that I/we are the duly authorised signatory/ies.

    I/we request, direct and authorise Aaron Conveyancing to undertake all property searches and prepare the Form 1 - Vendor’s Statement, as required under the Land and Business (Sale and Conveyancing) Act 1994. Aaron Conveyancing is requested to provide the Form 1 to the Agent, who is then to deliver and serve the Form 1 on the Purchaser with the contract for the sale of my/our property.

    I/we will check, confirm and sign the Form 1 and warrant that I/we am/are the registered owner(s) or have authority to act on behalf of the registered owner(s) and that I/we am/are liable for the costs of the searches and fees for preparation of the Form 1 and to enable the Agent to list/sell my/our property. 

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  • Upload Grant of Probate/Letters of Administration/Death Certificate/Power of Attorney Document/s
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  • Upload Pool Compliance Document/s
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