Sale And Vendor Statement - Vendors’ Legal Practitioners - Vendor Statements - Law Assignment Help

Assignment Task

MEMORANDUM
TO: Vendors’ legal practitioners
FROM: Mary
DATE: 3 February 2021
RE: Sale: Howard to Farmer - 58 Melva Circuit, St Kilda

Welcome back! Hope you had an interesting time at the law conference. In your absence, your clients Mr Alistair and Mrs Linda Howard contacted us to request that
you prepare a Contract of Sale and Vendor Statement as they are selling their home. They have found a buyer and have emailed you the relevant commercial terms. I now hand the file back to you with the following documents/correspondence:
1. Verification of Identity report of the clients;
2. Leo Bank discharge form;
3. Leo Bank letter providing information to complete a section 27 Early Release of Deposit Authority;
4. ATO Foreign resident capital gains withholding clearance certificates - one for Alistair and the other for Linda; and
5. Email from Linda together with the completed vendors’ questionnaire providing for the commercial terms of the sale.

I will now leave all this with you to:
1. apply for certificates and prepare the Vendor Statements;
2. prepare the client authorisation forms
3. prepare the Contract of Sale. The commercial terms are in the clients’ email. The purchasers would like to make the contract conditional on a builder’s report, and thus
this condition will need to be included;
4. prepare a section 27 Early Release of Deposit Authority. The clients are quite anxious to obtain the early release of the deposit and have provided us with a Leo Bank letter with all relevant information for us to prepare this form; and
5. send the ATO foreign resident capital gains withholding clearance certificate, which I have obtained, to the purchasers’ lawyers.
The clients’ agent has provided the purchasers with a due diligence checklist. A copy of the due diligence checklist signed by the purchasers is included with the clients’ instructions.
I quoted fees fixed at $1,200.00 plus GST and disbursements of approximately $400.00. I have checked that the LeoEcon fee for settlement on the e-conveyance platform will be $116.60. Let me know if I can be of any further assistance.

Sale of land - Questions for the vendor

Question Title

1. Please provide a copy of the title(s) to the land and the address. Who has control of the certificate(s) of title to the land being sold? If you hold the original paper title(s) you must provide them to us prior to settlement to be handed by us at settlement to the purchaser’s representative. The paper title(s) must be destroyed or made invalid and an electronic title created when the transaction is conducted electronically. If you do not hold the paper certificate(s) of title, please provide contact details of the person who has the title(s) ie your bank.

2. Are you the registered proprietor of the land? If not, please provide documentary evidence of your right to sell. For example a copy of the contract of sale. Proof of identity is required in accordance with the Model Participation Rules issued by
ARNECC
You need to provide to us two proof of identity documents and one must be a current photo ID.

3. Are any car spaces, storage lots or other areas included in the sale? Please provide the plan of subdivision lot numbers for any such areas included in the sale. Are any car spaces subject to a congestion levy?

4. Are you aware of any failure to comply with any restrictions imposed by any easement, covenant or right? For example a garage that is built over a sewer pipe.

5. Is there access to the property by road? 

6. Have you received any demand, notice, order, requirement, proposal, declaration or recommendation of a public authority or government department affecting the land?
For example, a street construction charge, or works and/or subdivision by an adjoining owner.

7. Is the land insured?

8. What is the current use of the land? For example a dwelling or shop.

9. Are you in occupation of the land? 

10. Please provide a copy of any tenancy agreement for the land and any disclosure statement issued to retail tenants.

11. Will the sale of the land trigger payment of the Growth Areas Infrastructure Contribution?

12. Do you know of any obligation on the owner or occupier of the land to give notice of any contamination of the land?

13. Are you aware of any fencing dispute with your neighbour(s)?

14. Are you aware of any encroachments that affect the land? For example a neighbour’s shed and/or retaining wall is partly built on your land.

15. Have you received notice of any intended compulsory acquisition of any part of the land such as for road widening?

16. Is the land in a bushfire prone area? No

17. Are you aware of any easements that affect the land that are not shown on the title, title plan and/or plan of subdivision?

18. Please provide a copy of any planning permit(s) and building permit(s) issued for the land. What is the expiry date for the permit(s):
 

19. Is the land affected by any planning overlays? For example is any part of the land heritage listed and/or subject to public acquisition overlay.

20. Has an occupancy permit or certificate of final inspection been issued?

21. How old is any building on the land? 

22. Have you done any owner-builder works? For example renovated a bathroom. Do you propose to do any owner-builder works before settlement? According to Consumer Affairs Victoria you are an Owner Builder if you:
1. intend to use your own skills to build, extend or renovate a home that you live in or intend to live in or
2. intend to manage tradespeople to do work on a home that you live in or intend to live in
3. are a registered builder who builds, extends or renovates a home on their own property.

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