• Seller Disclosure Statement Service Package (‘SDSSP’)

  • Introduction:
    Thank you for electing to use Royal Conveyancing to prepare the Form 2 – Seller Disclosure Statement on your behalf.

    Please complete the following Questionaire to allow us to begin the preparation of the Form 2 – Disclosure Statement. The information that you provide in this document will be used to complete the Form 2 along with the ordering of searches and certificates relevant to your property.

     

    Process:
    1) Upon receipt of this completed questionnaire our office will:
    a) Open your matter in our system;
    b) Determine the required searches and certificates that need to be completed to
    execute the Form 2;
    c) Provide you with an invoice outlining the fees and charges and a breakdown of the searches and certificates that will be ordered;
    d) Provide you with our trust account details and a cyber alert; and
    e) Request that you attend to the payment of the associated fees and charges to our trust account.

    2) Once payment has been received into trust our office will:
    a) Order the required searches and certificates;
    b) Verify the Sellers Identification;
    c) Prepare the Form 2 once all searches and documents have been obtained;
    d) Issue the prepared Form 2 to the Seller for review.

    3) Once the Seller is satisfied with the prepared Form 2 our office will:
    a) Issue the Form 2 to the seller for electronic signing;
    b) Issue the completed Form 2 to the Seller and the Agent (if Authorised)
    c) Issue a final invoice to the Seller/Agent (whomever is the engaging party).

  • Please enter your contact details below:

  • Format: (000) 000-0000.
  • Have you engaged a Real Estate / Sales Agent?
  • 1. Real Estate & Sales Agents Details

  • Format: (000) 000-0000.
  • Format: (000) 000-0000.
  • 2. Property Description

    This is the details of the property you are selling
  • The Property is included in:
  • Documents that you must provide:

    • Copy of your latest rates notice for the property
    • Copy of your latest water services notice for the property.

    Some properties will have the water services charges listed on the rates notice in which case a separate water services notice is not required.

     Please upload your documents below.

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • ** You must provide a copy of your latest rates and water notices, If you are unable to prove these notices our office will conduct a Property Search: Rates and Water to obtain/confirm this information. The fees are specific to the council area and in some instances can become quite expensive, we strongly recommend that you provide our office with your latest rates and water notices to avoid these charges. **

  • Is the Proprietor on the title a Natural Person?
  • 3. Title Holder Details

  • Title Holder Details (Seller) 

  • Format: (000) 000-0000.
  • Title Holder Details (Seller) 

  • Format: (000) 000-0000.
  • Title Holder Details (Seller) 

  • Format: (000) 000-0000.
  • Title Holder Details (Seller) 

  • Format: (000) 000-0000.
  • 4. Proprietor/s on Title Company/Trustee Details

  • Director / Trustee details

  • Format: (000) 000-0000.
  • Format: (000) 000-0000.
  • Power of Attorney

  • Format: (000) 000-0000.
  • 5. Verification of Seller's Identity

    We require you to confirm your identity to verify you are the registered titleholder
  • Select how you will verify your identity
  • NOTES:

    Option 1: Our office will provide you with additional documents that you must have the witnessing officer complete and return with your ID documents once you have returned this questionnaire.

    Option 2: Please confirm by email whether you have a passport and drivers licence or if you will be using other forms of identification. (your identification will need to match what is on title)

  • 6. Title Encumbrances

    A title encumbrance is a legal burden, claim, liability, restriction against the property that restricts the owners right to use, develop or transfer the property. These encumbrances are not always registered on title can vary from easements, to verbal agreements, to statutory rights relating to infrastructure such as sewage and water supply.)
  • 6.1 Is there any unregistered encumbrances that will affect the property after settlement has occurred?
  • 6.2(a) s there any unregistered leases, including any Residential Tenancy or Rooming Accommodation Agreements that will remain in force and will affect theproperty after settlement has occurred?
  • Start date of the term of the lease
     - -
  • End date of the term of the lease
     - -
  • Is there an option to renew the lease
  • 6.2(b) Is there a current Residential Tenancy or Rooming Accommodation agreement where the tenants will remain in the property after settlement?
  • **If yes, please provide our office with a copy of the Lease/Tenancy/Rooming agreement **

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 6.3 Is there an unregistered written agreement which creates an encumbrance over the property: (This question is not applicable to unregistered leases)
  • If yes, you must provide our office with a copy of the written agreement and any relevant plans that relate to the written agreement. If you have a copy available now you can upload it below:

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 6.4 Is there an oral agreement in place which creates an encumbrance over the property?
  • 6.5 Are there any Statutory encumbrances that affect the property? (Statutory encumbrances apply to any infrastructure that traverses the property in which the local state or federal government owns such as water, sewage electricity etc.)*
  • If yes, please provide below:

    (1) a description of each encumbrance 
    (2) a copy of the plan showing the location of the infrastructure.


    ** Our office conducts a Dial Before You Dig as standard **

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 6.6 Is there any Land Tax owing on the Property?
  • 6.7 Has the property been subject to a Residential Tenancy or Rooming Accommodation agreement within the last 12 Months?
  • Please provide the date/dates that the last rent increase/s occurred.
     - -
  • If no increase has occurred, the start date of the terms will be used.

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • Land Use, Planning and Environment

    This section relates to how the property may be used and any factors that may affect the use of the property
  • 7.1 Is the property recorded on the Environmental Management Register or the Contaminated Land Register under the Environmental Protection Act 1994?
  • If yes, you must provide the relevant notices to our office to be included with the disclosure statement. These notice will be under Sections 408(2), or Section 369C(2), or Section347(2) of the Environmental Protection Act 1994.

    If you mark ‘Unsure’ our office will conduct a DES: Contaminated Land Search to obtain this information.

  • 7.2(a) Is the lot affected by a notice that was issued by any Federal, State or Local Government entity about an infrastructure proposal to locate transport infrastructure on the property:
  • 7.2(b) Is the lot affected by a notice that was issued by any form of Federal, State or Local Government entity about an infrastructure proposal to alter the dimensions of the property:
  • 7.2(c) Is the lot affected by a notice of an intention to resume the entire property or any part of the property:
  • ** If you mark ‘unsure’ our office will conduct a Department of Transport and Main Roads Property Search to obtain this information. **

  • 7.3 Is there an application/s or order/s through QCAT (Queensland Civil and Administrative Tribunal) that relates to trees that affect the property under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011:
  • If you mark ‘Unsure’ our office will conduct a QCAT - Queensland Civil and Administrative Tribunal: Tree Orders Register Search to obtain this information.

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 7.4 Is the property heritage listed or subject to a heritage agreement under the Queensland Heritage Act 1992:
  • If you mark ‘Unsure’ our office will conduct a DES: Queensland Heritage Search to obtain this information.

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 7.5 Is the property included on the World Heritage List under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth):
  • If you mark ‘Unsure’ our office will conduct a DES: Australia Heritage Search to obtain this information.

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 8. Buildings and Structures

    This section relates to the improvements to the land
  • 8.1 (a) Is there a pool or a spa on the property, or (b) is there a shared pool or spa located on the common property of a Community Titles or BUGTA scheme:
  • 8.1(b) Is there a current Pool Safety Certificate (PSC) for the pool or spa?:
  • If you mark ‘No’ our office will prepare a Form 36 – Notice of No Pool Certificate.
    **Additional fees apply for our office to prepare a Form 36 *

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 8.2 Has any building work been carried out on the property under an owner builder permit within the last six (6) years:
  • If ‘UNSURE’ is selected our office will conduct a QBCC: Owner Builder Search to obtain this information.

  • If ‘YES’ a notice under section 47 of the Queensland Building and Construction Commission Act 1991 must be given to the Buyer and the Buyer will be required to sign this and return it to you.

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 8.3(a) Is there any unsatisfied show cause notices or enforcements notices relating to either (a) sections 246AG, 247 or 248 of the Building Act 1975, or (b) sections 167 or 168 of the Planning Act 2016.
  • 8.3(b) Have you been given a notice or an order from any authority that requires work to be done on the property or for money to be spent in relation to the property: (Authorities can be local, State, Federal, Court, Tribunal or any other competent authority)
  • ** If ‘UNSURE’, our office will need to conduct additional searches to obtain this information. The fees are specific to the council area and in some instances can become quite expensive. **

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 8.4 Is the property is either (a) exempt from rates, or (b) is not exempt but not separate assessment is issued by local government:
  • If you receive a Rates and/or Water Notice for the property please
    select “Not Applicable”

  • 9. Community Titles Schemes (CTS), Two Lot Scheme & Building Units and Group Titles Act (BUGTA) Schemes

  • Is the lot within a Community Titles Scheme or Building Units and Group Titles Act Scheme?
  • 9.1 Lot within a Community Titles Scheme or Building Units and Group Titles Act Scheme

  • Format: (000) 000-0000.
  • 9.2 Please select 1 option below:
  • 9.3 Lot within a "two lot" scheme

  • Is the Lot within a "two lot" Scheme
  • Is there a Body Corporate Manager?
  • Please provide their details:

  • Format: (000) 000-0000.
  • 10. Community Titles Schemes (CTS), Two Lot Scheme & Building Units and Group Titles Act (BUGTA) Schemes

    Contract of Sale Required Information regarding Statutory Warranties
  • The Sales agent will require you to provide them with information relating to the statutory warranties of the lot. This information is NOT included in the documents that form part of the Form 2 Seller Disclosure statement.

  • I wish Royal Conveyancing to order the search, and provide the report addressing the Statutory Warranties information required to complete the Contract of Sale.
  • 11. Additional Information

  • Browse Files
    Drag and drop files here
    Choose a file
    Cancelof
  • 12. Authority & Acceptance

  • To:
    Priority Witness Pty Ltd trading as Royal Conveyancing (the “Law Practice”)


    By signing this document, I the undersigned named as seller:
    1. agree that we have read, understand, acknowledge, agree and consent to be
    legally bound by the Terms and Conditions of Appointment to Act outlined in
    section 13 of this document;
    2. are the legal proprietor, or the authorised representative of the legal proprietor
    on title for the property being sold.
    3. warrants that all information, instructions, documents, and materials provided
    to the law Practice are true, accurate, complete, and not misleading. I
    acknowledge that the Law Practice will rely upon such information in providing
    legal advice and services. (see item 13 Risk of Non-compliance below)
    4. I hereby indemnify the Law Practice against any action, claim, or right to action
    or claim because of the above instructions. The Law Practice has advised me of
    the inherent risks that may occur due to the above instructions, and I have
    signed this document with the full knowledge and understanding of the outlined
    risks, freely and without duress, coercion or undue influence.
    5. authorise Royal Conveyancing to deposit trust funds into the trust account of Priority Legal Services (Qld) Pty Ltd, to be held on my/our behalf in relation to the file referenced above, or any other matter where Royal Conveyancing acts on my/our behalf.
    6. authorise Priority Legal Services (Qld) Pty Ltd, under the direction of Royal
    Conveyancing, to transfer and withdraw funds from its trust account for the payment of professional fees, statutory charges, and other outlays incurred on my behalf in connection with the file referenced above, or any other matter where Royal
    Conveyancing acts on my/our behalf.
    7. acknowledge that this authority given in relation to items 5 and 6 is provided in
    accordance with section 249(1)(b) of the Legal Profession Act 2007 and remains in
    effect until revoked by me/us in writing.

  • Date
     - -
  • 12. Terms and Conditions of Appointment to Act

  • This document sets out the terms on which you ("the Client" or “the Seller”) appoint Royal Conveyancing to act for you in the preparation of a Disclosure Statement for the sale of your residential property.

    1. Scope of Appointment
    Royal Conveyancing is appointed solely for the purpose of preparing a Disclosure Statement based on your instructions and the results of searches undertaken. This appointment does not extend to:

    • Ongoing updates or compliance of the Disclosure Statement beyond its initial
      preparation.
    • Advice in relation to the sale or negotiation of a contract of sale.
    • Preparation or review of the Contract of Sale.
    • Advice relating to the results of searches and investigations conducted by Royal Conveyancing for the purposes of preparing the Disclosure Statement.
    • Any undertaking that the accuracy of the information provided to Royal Conveyancing for the purposes of the preparation of the Form 2 Seller Disclosure statement is accurate.


    2. Your Responsibilities

    • You must provide complete and accurate information.
    • You are responsible for ensuring that the Disclosure Statement
      is factually correct at the time it is provided to any potential buyer.
    • If you are uncertain about any disclosure item, you must not guess and must seek clarification from our office.
    • You are required to update the Disclosure Statement if any information
      changes before entering into a contract.

    3. Searches and Costs

    • The costs of Royal Conveyancing preparing the Disclosure Statement are
      outlined in section 7 of this document.
    • You are responsible for all search costs required to prepare the Disclosure
      Statement.
    • No work will commence until all required search fees have been paid in full into our nominated trust account.
    • In the event that the property has multiple lots, searches will be conducted for each related lot of the property.


    4. Termination

    You may end our engagement by written notice to us at any time; however you remain liable for the legal costs up until that time.
    We may end our engagement by written notice to you, if you:

    • Do not provide us with adequate instructions; or
    • Refuse to act in accordance with our advice; or
    • Breach the conditions of this agreement; or
    • Instruct us to act unlawfully or unethically; or
    • Fail to co-operate fully in the conduct of your matter; or
    • Indicate that you have lost confidence in us; or
    • Fail to pay any accounts or to provide money to be paid into trust as required under this agreement; or
    • Lose legal capacity to instruct us; or
    • Do not accept any increase in fees advised to you; or
    • Are informed by us that we have a conflict of interest and can no longer act
      on your behalf.

    5. Ongoing Disclosure Obligation
    You have an ongoing legal obligation to ensure your Disclosure Statement remains accurate at the time a buyer enters into a contract. If any of the original information changes (e.g., new rates notice), a new Disclosure Statement must be
    provided to the buyer.

    6. Searches and Reliance
    Royal Conveyancing will undertake the following searches at a minimum on your behalf to prepare the Disclosure Statement:

    • Title Search; &
    • Registered/Survey Plan Search.

    Additional searches may be required to complete the Disclosure Statement and their requirement is based solely on the information that you provide within this document.

    These additional searches may relate to items such as unregistered encumbrances, notices, orders, environmental issues, trees, owner builder matters, heritage matters, and tenancy details.

    Sections within this document will outline and advise you whether an additional search will be ordered based on the information provided within that relevant section.

    If you request additional searches outside the standard scope of the searches offered with the Disclosure Statement process, these will be charged separately.

    7. Professional Fees and Outlays

    • Professional Fees: A fixed fee of $400.00 exclusive of GST, will be charged
      for preparing the Disclosure Statement.
    • File Opening Fees: A fixed fee of $100.00 exclusive of GST, will be charged as a professional cost and identified as File Opening. This fee is charged for opening your file, postage, photocopying.
    • Outlays: These costs will be confirmed upon the return of this document. You are responsible for paying the costs of all searches and disbursements incurred in the process of preparing the Disclosure Statement.
    • We may pay these from funds held in trust on your behalf once search costs
      are received or once the draft disclosure statement has been provided.

    8. Privacy and Disclosure
    By engaging Royal Conveyancing:

    • You consent to us contacting you with relevant service updates.
    • You authorise us to share your information with third-party search
      providers.
    • You authorise us to liaise with your nominated real estate agency and
      salesperson and provide them with a copy of the Disclosure Statement.

    Royal Conveyancing respects your privacy and will not disclose your personal information except as required by law or as set out above.

    9. Trust Monies Authority
    Each person named as seller on this document:

    • authorises Royal Conveyancing to deposit trust funds into the trust
      account of Priority Legal Services (Qld) Pty Ltd, to be held on my/our behalf in relation to the Disclosure Statement, or any other matter where Royal Conveyancing acts on my/our behalf.
    • authorises Priority Legal Services (Qld) Pty Ltd, under the direction of Royal Conveyancing, to transfer and withdraw funds from its trust account for the payment of professional fees, statutory charges, and other outlays incurred on my behalf in connection with the Disclosure Statement, or any other matter where Royal Conveyancing acts on my/our behalf.
    • acknowledges that this authority is provided in accordance with section 249(1)(b) of the Legal Profession Act 2007 and remains in effect until revoked by me/us in writing.

    10. Invoicing
    Each person named as Seller consents to receiving the Tax Invoice electronically (pursuant to s330(7) LPA and the Electronic Transactions Act 2001 (QLD).

    11. Electronic Signing
    Each person named as seller on this document agree to the use of electronic signing methods to complete the Disclosure Statement

    12. Verification of Identity
    Each person named as seller on this documents must provide sufficient documentation to the law practice so as to confirm their identity and to
    ensure that their identity matches that of the proprietor listed on title.

    To satisfy this requirement each person named as seller may elect to:

    • Provide the equivalent of 100 points of ID to the law practice; or
    • Complete an online verification of Identify issued by the law practice.

    The online verification of identity option is the preferred method of the law practice.

    13. Risk of Non-Compliance

    The Property Law Act 2023 places mandatory obligations on the seller to provide specific disclosure documents and certificates that relate to the property.

    If the seller fails to:
    (a) provide the required disclosure documents prior to the contract being
    signed by the buyer, or
    (b) provides the disclosure documents but they are inaccurate or incomplete and the buyer was not aware of the correct information and would not have entered into the contract if they were aware of same information;

    the buyer will be entitled to terminate the contract at any time up to settlement, and subject to any agreement, the sales agent may be entitled to their commission.




  • Should be Empty: