What documents are included in the Contract for Sale?

Section 52A of the Conveyancing Act 1919 requires all vendors to include certain documents within the contract for sale of land before the property is sold. The requirement to do so cannot be contracted out of, so any provision of the contract purporting to do so will be invalid and unenforceable.

The list of documents to be attached to the contract include the following:

– A section 149 certificate (the zoning certificate) which is obtained from the applicable council.

– Sewerage diagram.

– Title.

– Plan of the land.

– Any dealings on the lot which relates to an easement, profits à prendre, restrictions on the use of land or positive covenant.

– If strata: any documents registered at LPMA with respect to it (such as change of by-laws), copy of the strata plan, by-laws and certificate for the lot as well as the common property, strata development contract/statement (if any), strata management statement in force at the time (if any), documents relating to the community, precinct or neighbourhood scheme (if any), building management statement (if any).

– A notice (in the prescribed form) with respect to smoke alarms and swimming pools.

A vendor may also wish to include other documents which describe the land being sold, such as a survey and building certificate. By doing so the vendor gains the protection of having disclosed to the buyer those matters contained the certificates. This issue is dealt with in another article.

What happens if my solicitor fails to include the correct documents?

Regulation 16 of the Conveyancing (Sale of Land) Regulation 2010 provides that a buyer may rescind (pull out of) the contract for the vendor’s failure to attach the prescribed documents to the contract for sale. The buyer must do so within 14 days from the date of contract (regulation 17).

It is common for vendor’s to locate an alternate property following the exchange of contracts.Should a vendor enter into a purchase contract following the sale of their property they may be left with the undesirable consequence of having to proceed with their purchase without the sale being effected in circumstances where the buyer has exercised their rights to rescind the purchase contract because of the vendor’s failure to attach the required documents.

Unless another buyer can be located in good time, or alternate finance obtained, the vendor may find themselves in breach of their purchase contract, forfeiting their deposit and being liable to further damages.

As can be seen it is vitally important to have the contract for sale prepared in accordance with the latest requirements of the legislation. If you would like to get in touch with one of our property lawyers then contact your nearest Prime Lawyers office. If you would like to obtain a no obligation quote then visit our conveyancing website by clicking here.

We have property and conveyancing lawyers located at Sydney, Parramatta, Sutherland and Wollongong.