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下周末准备参加悉尼一个house拍卖（36 Iona Avenue, North Rocks， Registered Plan: Lot 165，房子整体翻新过，看起来比较舒服），第一次看合同找出以下一些内容，不知道是否存在问题，在此请教大神们，分分伺候
Title Search部分：
FOLIO: 165/237572
# 大家都说要确保这个时间是最新的，那到底是看左边的SEARCH DATE还是右边的date？两者差距有点大
SEARCH DATE TIME EDITION NO DATE
3/2/2021 3:38 PM 10 4/10/2018
SECOND SCHEDULE (6 NOTIFICATIONS)
1RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
2K825648 COVENANT
3DP237572 RESTRICTION(S) ON THE USE OF LAND
4DP237007 EASEMENT TO DRAIN WATER AFFECTING THE PART(S) SHOWN SO BURDENED IN THE TITLE DIAGRAM
5I352359 RESTRICTION(S) ON THE USE OF LAND
6AN757316 MORTGAGE TO MACQUARIE BANK LIMITED NOTATIONS
UNREGISTERED DEALINGS: NIL
关于easement，看附录图表貌似房子最前面有污水管道？如果理解正确的话，不知是否是个大问题？
还有，很多人都说要仔细研读section 32的special conditions部分，但我压根没找到special conditions字眼，只看到ANNEXURE TO AGREEMENT FOR SALE OF LAND一栏，下面有类似以下内容。不知道这是不是就是所谓的Special conditions？是否存在问题？
1.NO WARRANTY ON FURNISHINGS AND CHATTELS
The Purchaser hereby acknowledges that any furnishings and chattels included in this sale are used goods and are sold without any warranty as to condition and fitness and the Vendor shall not be liable for any fair wear and tear of any such furnishings and chattels as from the date of this Agreement.
2.PROPERTY AND IMPROVEMENTS
The Purchaser hereby acknowledges that the Purchaser has purchased the property and the improvements thereon in their present physical condition and state of repair and the Purchaser hereby agrees not to make any objections, requisitions or claim for compensation with respect to the physical condition and state of repair of the property and/or such improvements.
3.DISCHARGE OF MORTGAGE
The Purchaser hereby agrees not to require the Vendor to register prior to completion a Discharge of any Mortgage or Withdrawal of Caveat and the Purchaser hereby agrees to accept upon completion a registrable form of Discharge of Mortgage and/or any Withdrawal of Caveat together with the registration fees thereon.
4.DEATH/MENTAL ILLNESS/BANKRUPTCY
省略
5.NOTICE TO COMPLETE
In the event that this Contract is not completed on or before the Completion Date, either patty will be entitled to issue a Notice to Complete fixing a time for completion which time shall be of the essence of this Contract and such Notice shall be deemed to be sufficient as to time if a period of not less than fourteen (14) days from the date of service of such Notice is allowed for completion.
6.SERVICE OF NOTICES
For the purposes of the service of any notice, letter, document or plan which is required to be so served pursuant to this Contract, where such notice is served by security post, delivery post or by Document Exchange, such notice shall be deemed to have been served on the date which is two days after the date of such posting or Document Exchange delivery provided further that if such notice is served by facsimile then such notice shall be deemed to have been served on the date which such facsimile is transmitted to the patty required to be served.
7.LIQUIDATED DAMAGES
If completion does not occur on or before the completion date as a result of any breach or default of the purchaser, the vendor being ready willing and able to complete, is entitled to recover from the purchaser, in addition to all and any rights and claims, as liquidated dainages payable on completion:-
a.An ainount equal to ten per cent (10%) per annum calculated on a daily basis on the balance of the price from and including the due date for completion to the actual date of completion;
b.The sum of two hundred and fifty dollars ($250.00) to cover the legal costs incurred as a consequence of issuing a Notice to Complete and served on the purchaser; and
c.The sum of seventy dollars ($70.00) for each aborted settlement being the costs incurred by the vendor as a result of such aborted settlement;
These sums are agreed as genuine pre-estimates of the additional expenses that will be incurred by the vendor as a result of the purchaser's default and will be allowed on completion by the purchaser and is an essential term of the contract.
8.RELEASE OF DEPOSIT
It is hereby expressly agreed that the Purchaser will raise no objection to the deposit moneys referred to herein being released on exchange of contracts for the purpose of the Vendor's purchase of another property and/or for the payment of stamp duty payable on the purchase contract. It is agreed that such deposit moneys shall be held in a Solicitor's or Real Estate Agent's Trust Account pending completion of this Contract.
9.COMPLETION ADDRESS
For the purposes of clause 30 hereof the Vendor discloses that the completion shall be an electronic settlement and that the vendor will have their PEXA agent GlobalX Legal in Melbourne to complete the transaction.
10.AMENDMENTS
Clauses I to 29 of the standard Contract conditions are amended as follows:-
(a)Clause 7.1.1 is deleted
(b)Clause 8.1 is amended by deleting the words "on reasonable grounds"
(c)Clause 16.5 delete the words "plus another 20%of the fee"
(d)Clause 16.7 delete the words "cash (up to $2,000) or", Amend the word "settlement " read "Bank"
(e)Clause 16.8 is amended by replacing the words "settlement" with the word "bank" and replacing "$IO" with "$5"
(f)Clause 16.12 is deleted
11.REQUISITIONS
The purchaser acknowledges that the only form of general requisitions on title that the purchaser is entitled to raise pursuant with clause 5 should be in the form of requisitions on title issued by the law Society of New South Wales, a copy of which is annexed hereto.
12.INDEMNITY BY PURCHASER RE COMMISSION BY OTHER AGENTS
The Purchaser warrants to the Vendor that it was not introduced to the property by any agent other than the agent referred to herein. The Purchaser agrees to indemnify and keep indemnified the Vendor against any claim for commission by any agent other than the agent referred to herein arising out of breach of this warranty. This condition
shall not merge on completion. The vendor warrants that the vendor has not entered into a contract with any other Real Estate Agent for the sale of this property.
13.TITLE
The Purchaser shall take title subject to the existing water, gas, electricity installations and services, if any, and no objection shall be taken and so requisitions made by the purchaser in respect of such installations and services on the ground that any connections are made through other properties and that no right or easement in respect of such installations and services exist or that any rights or easement cannot be obtained or in respect of any defects in such installations and service or on the ground that any water or main or any underground or surface pass through or under the subject land.
14.FOREIGN ACQUISITIONS AND TAKEOVER ACT 1975
略
15.VENDOR DISCLOSURE
The vendor discloses that the whole dwelling was renovated by a registered builder and the front entry and room is an addition the vendor discloses that a Final Occupation Certificate is issued for those works and is attached to the contract.
If there is no Pool Certificate of Compliance attached to the contract the house is sold with the pool being non-compliant and the purchaser is to make their own enquires as to compliance of the pool. The purchaser can make no objection if the vendor does not obtain a Pool Certificate of Compliance. |
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闲聊-----几个小小孩（实习体会散记） (2012-9-13) mittag 
发表于 2021-3-7 18:49
