Nothing beats professional advice before you sign a contract. But for those times when you or your agent need a special condition for a contract and you need it yesterday, our templates for some common scenarios in Queensland conveyancing may assist.
These Special Conditions are to be taken as a guide only. They may not suit your particular circumstances. You should always seek advice from your legal advisor prior to signing any contract.
Signing contract via facsimile or email:
1. This Contract may be entered into by and becomes binding on the parties named in the Contract upon one party signing the Contract that has been signed by the other (or a photocopy, facsimile copy, or a printed electronic copy of that Contract) and transmitting a facsimile copy, or electronic copy of it to the other party or to the other party's agent or solicitor.
When the deposit paid doesn't cover the Agent's commission and costs:
1. In the event that the deposit held by the Deposit Holder is not sufficient to pay the agent its commission, marketing and GST, then the buyer and seller agree that the buyer is hereby irrevocably authorised and directed to pay the balance commission, marketing costs and GST on behalf of the seller to the agent from the balance purchase monies on the Settlement Date. This special condition is expressed to be for the benefit of the agent in accordance with section 55 of the Property Law Act 1974 as amended. The seller by executing this contract (as the agents duly authorised attorney) accepts the benefit of this special condition on behalf of the agent.
Solar Panels:
1. The purchaser acknowledges that there are solar panels installed on the roof of the dwelling constructed on the property hereby sold, and the parties agree as follows:
(a) Whether or not any benefits currently provided to the vendor by agreement with the current energy supplier with respect to feed-in tariffs pass with the sale of this property is a matter for enquiry and confirmation by the purchaser;
(b) The purchaser agrees that they will negotiate with the current energy supplier or an energy supplier of their choice with respect to any feed-in tariffs for the electricity generated or any other benefits provided by the said solar panels and the purchaser shall indemnify and hold harmless the vendor against any claims for any benefits whatsoever with respect to the said solar panels; and
(c) The vendor make no representations or warranties with respect to the solar panels in relation to their condition, state of repair, fitness for the purposes for which they were installed, their in-put to the electricity grid or any benefits arising from any electricity generated by the said solar panels.
Due Diligence:
1. This contract is subject to and conditional upon the buyer(s) carrying out such due diligence inquiries with respect to this property as the buyer(s) shall require within twenty-one (21) days ("the period") from the date hereof. If the buyer(s) are not satisified with the results of those inquiries then the buyer(s) may terminate this contract by notice in writing to the seller(s) or seller(s) solicitors and in that event all deposit monies shall be refunded in full to the buyer(s). If the buyer(s) do not give notice by 5pm on the last day of the period then the seller(s) may terminate this contract by notice in writing to the the buyer(s) or buyer(s) solicitors and in that event all deposit monies shall be refunded in full to the buyer(s).
Completion subject to sale by buyer (contract in place):
1. Completion hereof is subject to completion by the buyer of the sale of property address being the whole of the land comprised in title reference title reference the contract for the sale of which is dated contract date . If that sale does not proceed to completion within 90 days of the date hereof then the buyer may either terminate this contract or waive the benefit of this condition. If the buyer fails to terminate or waive this condition by the due date, then the seller may also terminate this contract. Upon termination the buyer will receive a full refund of the deposit paid.
Completion subject to sale by buyer (no contract in place):
1. This contract is conditional upon the buyer entering into a contract for the sale of property address being the whole of the land comprised in title reference title reference within number of days days of the contract date, and settlement of that contract within number of days days of the contract date, failing which the buyer may either terminate this contract or waive the benefit of this condition. If the buyer fails to terminate or waive this condition by the relevant due dates, then the seller may also terminate this contract. Upon termination the buyer will receive a full refund of the deposit paid.
Signing on less than 10% deposit:
1. Although a full 10% deposit is payable by the buyer the seller has agreed to enter into the contact on the basis that only part of the deposit is paid at the time of the purchaser signing being $ . The balance of the deposit must be paid by the purchaser to the deposit holder as soon as possible as an earnest that the full price will be paid on completion. The full earnest of 10% of the price will be forfeited in the event that the purchaser fails to complete in accordance with the terms hereof.
Note: The full 10% deposit is to be inserted on the front page of the contract.
Interdependent Contracts:
1. This contract is interdependent with a contract of even date made between the same parties in relation to the whole of the land comprised in title reference title reference . It is intended that if for any reason one contract should not proceed to completion then neither will the other. Any breach of either contract by either party shall constitute a breach by that party of the other contract. If either party is entitled to rescind or terminate one contract then they are entitled to rescind or terminate the other contract. Completion of both contracts will take place on the same day and all notices given will be for the same time period and expire on the same day.
Note: The full 10% deposit is to be inserted on the front page of the contract.
Possession before settlement:
1. Subject to the terms and conditions of standard condition 8.5 the seller will permit the buyer to enter into occupation of the property on date at a licence fee of $ amount per week until the date of settlement.
Seller is the executor and is not yet the registered proprietor:
1. The seller is the executor of the estate of the late registered proprietor. Completion hereof shall take place on the later of 42 days from the date hereof or 14 days after written notice to the buyer that the seller is registered as proprietor. In the event that the seller has not become the registered proprietor of the property within four months of the date hereof then either party may rescind this contract whereupon the deposit will be refunded to the buyer without deduction.
Seller remains in possession after completion:
1. Subject to the terms and conditions of the attached licence agreement the buyer will permit the seller to occupy the property from the date of completion until date at a licence fee of $ amount per week.
OR
1. Subject to the seller entering into a residential lease agreement the buyer will permit the seller to remain in possession of the property from the date of completion until date at a rental of $ amount per week.
Disclosure of unapproved work for statutory warranty:
1. The seller discloses to the buyer that the seller believes that the works have been carried out at the property without the approval of the responsible council. The buyer acknowledges they are aware of the existence of the works and that the council may not have approved them. The buyer warrants to the seller that the buyer would have entered into this contract even if there is a matter in relation to the works that would justify the making of any upgrading or demolition order in respect of the works by the council. The buyer agrees that they cannot make any objection or claim for compensation nor have any right of rescission or termination by reason only of the facts disclosed in this provision.
The works’ means:
Describe works
Completion subject to council approval of structures:
1. Standard conditions 7.6 (1) and (2) are deleted from the contract.
2. This contract is subject to and conditional upon the buyer receiving confirmation prior to settlement from the local authority that permits have been issued from the local authority for all structures on the property and that all structures have unconditional final approval from it. If;
(a) A permit has not been issued in relation to a structure on the property, or
(b) Unconditional final approval has not been given in respect of all structures on the property,
the seller must obtain the permit/s and/or unconditional approval prior to settlement.
If the seller fails to do so the buyer may terminate this contract, by written notice, at any time prior to settlement in which event the deposit shall be refunded to the buyer without deduction.
Subject to Body Corporate approving keeping a pet:
1. This contract is subject to and conditional upon the Body Corporate providing written approval within no of days from the contract date that the buyer may keep a type of pet of a maximum weight of weight in the property. Should approval not be obtained by no of days from the contract date the buyer may elect to waive the benefit of this clause or terminate the contract and all deposit monies will be refunded in full. If the buyer has not elected to waive the benefit of this clause or terminate the contract by no of days from the contract date then the seller may elect to terminate this contract and all deposit monies will be refunded to the buyer in full.
Subject to termination of an existing prior contract:
1. This contract is subject to and conditional upon the termination of the contract entered into between the seller and buyers names dated date "the prior contract" within no of days days from the date of this contract.
1.1 Should the prior contract not be terminated on or before no of days days from the date of this contract, this contract will be at an end and all deposit monies will be refunded to the buyer in full.
Transfer by direction / intermediate purchaser:
1. Clause 7.4(1) of the Terms of Contract will not apply to this contract.
1.1 Clause 5.3(1)(b) of the Terms of Contract will not apply to this Contract and will be replaced with the following:
A Transfer by Third Party Intermediate Purchaser (Transfer by Direction), stamped and executed by the current registered owners of the lot (and if required by the Registrar of Titles, also executed by the Seller) in favour of the Buyers capable of immediate registration in the appropriate Government office free from encumbrances (other than those set out in this Contract) but subject to the conditions of this Contract, and other documents capable of allowing the Buyer to become the registered owner of the lot including an undertaking from the Seller to answer any requisitions and pay for the costs of answering any requisitions that may issue from the Registrar of Titles or the Office of State Revenue in relation to the Transfer by Direction.
Deposit by way of Deposit Bond or Bank Guarantee:
1. The seller(s) agree with the buyer(s) that the deposit or any part of the deposit payable pursuant to this contract may be satisfied by the buyer(s) by providing the original copy of a deposit bond or bank guarantee to the stakeholder by the due date for payment of the deposit. Such Deposit Bond or Bank Guarantee shall be issued by a reputable company carrying on the business as an originator of deposit bonds or guarantees in Australia.
2. The Stakeholder may make demand on the Issuer of the Deposit Bond or Bank Guarantee for payment of the sum guaranteed in any circumstances in which the seller(s) is/are entitled to forfeit the deposit monies under this contract at which time the Stakeholder will deal with the monies received from the Issuer of the Deposit Bond or Bank Guarantee in accordance with the terms of this contract.
3. On the Completion Date the Buyer will pay the purchase price or balance thereof if some cash deposit is held by the stakeholder by way of bank cheque, subject to the adjustment as set out in this contract and return of the original Deposit Bond or Bank Guarantee to the Buyer.