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BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted
22 Sept 2008 v2.5
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Item 6 Header
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PROPERTY LOT DESCRIPTION
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Item 11
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Inspection Date:
..
... (Date to be completed by)
Unless otherwise specified the Inspection Date will be 14 days from the Date of Contract
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Item 13 Header
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EXCLUDED IMPROVEMENTS
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Item 13
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Fixtures:
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Item 14 Header
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INCLUDED CHATTELS
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Item 14
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Chattels:
Note: includes all Improvements unless excluded in Item (13).
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Item 26
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Special Conditions:
(a) Were inserted under instruction by a party to this Contract; and/or
(b) Precedents used by the Agent as Special Conditions were prepared by an Australian Legal Practitioner, not by the Agent who gives no warranty in respect of same and in accordance with the warning in Item (27), legal advice should be sought as to the meaning and effect of such Special Conditions before signing.
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Item 27
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The parties have been advised to seek legal advice with respect to this Contract including the Special Conditions.
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Clause 1(20)
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Improvements: All fixed or permanent structures comprising the Lot and any fixed items including fixed carpets and tiles, curtains, blinds and fittings, stoves, hot water systems, fixed antennae, fixed satellite dishes, fixed security systems, fixed clothes lines and all in-ground plants, all buildings and improvements including fixtures and fittings on the Property unless excluded in Item (13).
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Clause 1(28)(1)
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all government and Local Government rates and charges assessed on the Land including land tax, water and sewerage rates, general rates, fire levy and all periodic charges up to and including the Adjustment Date; and or
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Clause 1(30)
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Property: The Lot described in Item (6) together with Improvements described in Clause 1(20) thereon and the included chattels described in Item (14) of the Item Schedule.
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Clause 3.4
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The Buyer may pay the Deposit (in whole or in part) by Bank Bond or Bank Guarantee in a form acceptable to the Seller, in which case on receipt of the Bank Bond the Buyer's obligation to pay the Deposit shall have been satisfied to the extent of the Bank Bond.
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Clause 3.5
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The Deposit is payable to the Seller:
(a)
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on Settlement; or
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(b)
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in case of the Buyers Default, on default
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Clause 3.6
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Should this Contract be properly terminated by the Buyer, the Deposit will be refunded to the Buyer in which case the Buyer shall have no further claim under this Contract unless there has been a breach of the provisions of this Contract by the Seller, giving rise to a claim for damages.
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Clause 3.7
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Investment of Deposit: (Note: see Section 380 of the Property Agents and Motor Dealers Act 2000)
Where the Stakeholder is instructed by the parties to invest the deposit, subject to any legislative requirements, then (except in the case of Bank Bond):
(1)
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the Deposit Holder will, if requested by either of the parties, invest the Deposit in its name as trustee for the Buyer and the Seller in an interest bearing account in both parties names with a Bank, Building Society or Credit Union its name as trustee for the Buyer and the Seller until the Settlement Date or as otherwise instructed by the parties.
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(2)
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the parties will supply to the Deposit Holder, prior to the investment of the Deposit, their tax file numbers and acknowledge that if the tax file numbers are not provided then they accept that the interest earned on the Deposit may be taxed at the highest rate allowable.
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(3)
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the Deposit and the interest are is at the risk of the party who is ultimately entitled to the Deposit
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(4)
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subject to subclause 5 hereof the interest on the Deposit will be paid to the party who becomes, and is, entitled, to the Deposit at Settlement and such party will be solely responsible for any tax liability on such monies.
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(5)
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the interest is payable to the party entitled to the deposit in accordance with Clauses 3.5 and 3.6.
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(5)
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(1)
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if Settlement of the Contract does not occur, the interest earned on the Deposit will be paid to:
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(a) the Seller if Settlement did not occur due to breaches of the Contract by the Buyer; or
(b) the Buyer if it was for any other reason.
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(2)
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should this Contract be properly terminated by the Buyer, the Deposit will be refunded to the Buyer in which case the Buyer shall have no further claim under this Contract unless there has been a breach of the provisions of this Contract by the Seller, giving rise to a claim for damages.
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(6)
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the Deposit Holder will lodge any necessary taxation return, and may pay any tax out of the Deposit and interest. The Buyer and the Seller equally indemnify the Deposit Holder against any tax payable.
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(7)
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all costs in relation to this investment will be borne by the party referred to in Clause 3.7 (3) and may be recovered by the Deposit Holder out of the Deposit and interest.
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(8)
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the Deposit Holder does not have to account to the Buyer or the Seller for interest for distribution until the investment of the Deposit matures and the bank debits tax and any other charges or expenses are deducted from the interest.
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(9)
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a Stakeholder, being a licensed Agent, may not invest the Deposit if the sale is to be completed on a contractually ascertainable day less more than 60 days after the Deposit is received.
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Clause 4
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4.1
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The Contract is subject to and conditional upon the Buyer obtaining, by the Inspection Date (or such extended date as may be agreed) specified in Item (11), a building and/or pest report Item (11), satisfactory to the Buyer, excluding Acknowledged Defects / Exclusions.
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4.2
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In compliance with this Clause the Buyer will promptly, after the signing of this Contract by the Seller, take all reasonable steps to obtain the building and/or pest report.
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4.3
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If required by relevant legislation licensed inspectors should be employed to provide inspection reports.
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4.4
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If any inspection report specified in Clause 4.1 is not satisfactory to the Buyer, the Buyer must, promptly upon receipt of the inspection report, may by notice to the Seller terminating this Contract. by 5.00 p.m. on the Inspection Date terminate this Contract. The Buyer may however, waive the benefit of this condition at any time prior to termination of the Contract.
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4.4
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Should the Buyer not notify the Seller in accordance with the provisions of Clause 4.4 the Buyer will be deemed to be satisfied with the Inspections.
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4.5
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The Buyer must at all times act reasonably.
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4.5
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This Contract is not terminated until notice is given.
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4.6
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Should the Buyer not give notice to the Seller in accordance with Clause 4.3 by 5.00 p.m. on the Inspection Date the Buyer will be deemed to be satisfied with the Inspections.
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4.6
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The Buyer will, if required by the Seller, promptly provide copies of the relevant sections of any inspection reports relied upon to terminate this Contract.
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4.7
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Where the Buyer has given notice of termination in accordance with Clause 4.3 but has failed, when requested by the Seller, to provide a copy of the relevant report, the termination will not take effect until after such copy has been provided to the Seller.
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4.7
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If the Buyer refuses to comply with a request in accordance with Clause 4.6 the Buyer will be deemed to be not acting reasonably.
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4.8
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All monies paid by way of Deposit will be forthwith refunded to the Buyer once this Contract is terminated in accordance with this clause.
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4.9
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In respect of white-ants, risk in itself will not constitute a reason for termination of this Contract.
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Clause 5.4
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If the Buyer, through no default on the Buyers part, has not obtained the Finance approval by the Finance Date then the Buyer may by notice to the Seller:
(a)
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terminate this Contract; or
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(b)
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prior to termination, waive the benefit of this condition
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Clause 5.7
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Should the Buyer not obtain Finance Approval by the Finance Date and then subsequently: obtains Finance Approval and notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount.
(a)
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obtains finance approval; or
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(b)
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waives the benefit of Clause 5.1,
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and notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount.
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Clause 6.1
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Outgoings affected by the Buyer prior to Settlement are not adjustable items unless previously agreed by both parties.
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Clause 6.1
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The Seller is entitled to the Rents and Income and is liable for and will make payment of all Outgoings including rates, land tax and other taxes on the Property up to and including the Adjustment Date. Thereafter the Buyer shall be entitled to Rents and Income and be liable for all Outgoings. including rates, land tax and other taxes.
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Clause 6.2
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All Outgoings paid and, Rents and Income received, including post Settlement reassessments, by either party must be apportioned when received based on the Adjustment Date. This excludes water rates charges based on usage. Payment must be made within 14 days of monies being received.
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Clause 6.3
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All Rents and Income received by the Seller in relation to periods subsequent to the Adjustment Date must be apportioned as at the Adjustment Date.
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Clause 6.4
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Unpaid Rent, as at Settlement, will not be adjusted until paid. No apportionment will be made at the Adjustment Date for unpaid rent.
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Clause 6.6
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Land tax will be apportioned as if the Land was, at midnight on the 30th June proceeding the date of this Contract, the Sellers only land in Queensland and the Seller is a natural person.
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Clause 6.6
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All Outgoings, rent and income received by the Seller in relation to periods after the Adjustment Date shall be apportioned based on the Adjustment Date.
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Clause 6.10
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Should the Seller be entitled to any discount on Outgoings then, for the purpose of this Clause, the discount shall not be taken into account, unless already received paid.
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Clause 6.11
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Adjustments will be made with respect to water rates when the rates charged are based on the average daily usage using the following formula:
Adjustment = TC/RD x AD
Where:
TC =
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Total Usage Charge as at the Adjustment Reading Date
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RD =
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Days between the previous reading and Adjustment Reading Date
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AD =
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Adjustment Days. The number of days between the Adjustment Reading Date and Settlement Date.
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(ie. Settlement Date minus Adjustment Reading Date. where The Adjustment Reading Date is the date the water metre was read for the purpose of issue of Local Government water usage assessment)
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Clause 7.4
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The Seller will provide to the Buyer current, true and correct written records of:
(1)
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all Rents, Income profits and Outgoings in respect to the Property whether discoverable by search or not
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(2)
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all relevant information and documents relating to the Property, in particular those documents relating to Leases and or Service Contracts, licenses, warranties, and any unregistered dealings as required by the Buyer
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(3)
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photocopies of other relevant documents executed by the Seller;
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(4)
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if requested by the Buyer a notice enabling the transferee to work out how Division 10D of Part III of the ITAA will apply to the transferees holding or lease of the building; and
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should the Seller become aware of any amendment or alterations or additions to such information subsequent to disclosure and prior to Settlement the Seller will provide details thereof to the Buyer.
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Clause 8.3
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On payment of the Balance Purchase Price, adjusted as provided in this Contract, by Bank Cheque/s (as directed by the Seller or its Solicitor in writing) and compliance by the Buyer with the conditions of this Contract the Seller must deliver (or cause to be delivered) to the Buyer (or as directed by the Buyer the Buyers solicitor ):
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Clause 8.3(5)
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all the Sellers keys and other devices and codes for entry, exit and security unless an alternative time and place for delivery is agreed in writing unless an alternative time and place for delivery is agreed in writing.
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Clause 8.3(9)
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title to any chattel forming part of the Property including assignable warranties and documentation and relating thereto, to which the Buyer may be reasonably entitled.
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Clause 9.1
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The Seller must hand over the Property at the Settlement Date without damage or loss to the condition, as at the Date of Contract (fair wear and tear excepted). Should there be damage or loss to the condition of the Property the Buyer may not delay Settlement or withhold monies. However, the Buyer may claim the reasonable costs of effecting rectification from the Seller as liquidated damages notwithstanding Settlement may have taken place. The Buyer must however notify the Seller, prior to Settlement, of its intention to make a claim.
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Clause 11
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From the Date of Contract as per Item (1) until and including the Settlement Date, the Seller will continue to fulfill all its obligations as owner of the Lot including maintaining current existing insurance policies and ensuring the Property is used and maintained with reasonable care.
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Clause 13.2
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The Buyer may terminate this Contract by written notice to the Seller if any action taken or resolution passed by the Body Corporate, after the Date of Contract, constitutes a material breach of any of the matters contained in Item (21) of this Contract. Such Notice to be given within 7 days after the Buyer is given notice in accordance with Clause 13.1 hereof, but no later than the Settlement Date.
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Clause 14.2(1)
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claim forfeiture of the Deposit or call up any Bank Bond or Bank Guarantee provided in accordance with Clause 3.4; and/or
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Clause 15
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Sellers Warranties / Buyer's Right to Rescind
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Clause 15.1(8)
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there are no outstanding or unsatisfied Notices, Orders or demands at the Date of Contract with respect to any Act, Regulation or By-Law, required to be complied with by the Seller pursuant to Clause 31.1, which have not been fully complied with or which may adversely affect:
(a)
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the Property, unless disclosed in Item (16); or
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(b)
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the Sellers ability to complete this Contract.
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Clause 15.1(10)
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any Improvements to the Property not excluded in Item (13) will not have not been removed by the Seller. Any claim by the Buyer to the contrary must be directed to the Seller
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Clause 15.1(11)
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in the case of vacant Land, the Property has Buyer may terminate this Contract if the Property has not been provided with a separate sewerage connection, unless otherwise disclosed in Item (26) (Special Conditions). This clause shall not apply to Property where other disposal systems are required and permissible by the local authority or council.
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Clause 15.4
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If a warranty set out in:
(1)
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Clause 15.1 (excluding matters disclosed in Item (18) with relation to Clause 15.1 (8) or disclosed otherwise in Item (26))
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(2)
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Clause 15.3 (excluding matters disclosed in Item (22))
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is incorrect or is breached by the Seller, the Buyer may:
(a)
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where and the Buyer is materially prejudiced, the Buyer may by notice given to the Seller given not later than 5pm on the Business Day immediately preceding prior to the Settlement Date, rescind this Contract; or
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(b)
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the Buyer may elect to complete this Contract and reserve its rights to claim, in writing, compensation from the Seller providing notice to this effect has been given to the Seller in writing at or the claims are made prior to Settlement.
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Clause 15.5
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Any notice given to the Seller under Clause 15.4 must set out clearly, details of the incorrect or breached warranty.
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Clause 19(1)
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Inspections in accordance with as per Clause 4
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Clause 20
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Any monies payable under this Contract, (or any judgment given in respect of this Contract) not paid when due will attract Interest from the due date, for payment, to the date of payment, which shall be the Settlement Date (except as otherwise prescribed in the case of a judgment) at the rate prescribed in Item (20) and the party, to whom those monies are owed, when such monies are paid, may recover the interest thereon from the other party as liquidated damages.
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Clause 21.2(c)
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compliance with or application of any Government or local Government requirements, proposal or notices, statutory or otherwise (including Transport Infrastructure) with respect to the Land or adjoining land will materially adversely affect the Property; or
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Clause 23.6
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Occupation of the Property shall be at the Buyers risk. The Buyer will adequately insure the Property in both the Buyers and Sellers name.
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Clause 23.7
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The Buyer indemnifies the Seller against any loss or damage the Seller may incur arising from the Buyers occupancy of the Property.
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Clause 23.8
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The Buyer will insure the Property, in a sum and on terms approved by the Seller, in both the Buyers and Sellers names.
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Clause 24
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Property Survey Description
The Buyer may inspect the Property survey the Land and in so doing cause a survey to be made of the Land and fixed and permanent structures thereon and should there be an error or misdescription with respect to the dimensions of the Land in this Contract or an encroachment onto or from the Land the Buyer may:
(a)
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in the case of an material error, misdescription or encroachment, any one of which is of a material nature, elect (in writing to the Seller) to complete this Contract or terminate before Settlement; or
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(b)
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in the case of an immaterial error, misdescription or encroachment, any one of which is of an immaterial nature, disclosed by survey or otherwise, in the dimensions of the Land or any immaterial encroachment or mis-description, the Buyer must complete the purchase in accordance with the terms of this Contract.
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In the case of Clause 19.1 (b) or should the Buyer elect to complete, in the case of Clause 19.1 (a), any compensation claim by the Buyer will be limited to monetary compensation only.
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Clause 25
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In the case of a material or immaterial error or misdescription of the Property, including the Sellers title thereto, the Buyer may:
(a)
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in the case of an error or misdescription, either of which are material, elect (in writing to the Seller) to complete this Contract or terminate before Settlement.
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(b)
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in the case of an error or misdescription, either of which are immaterial, the Buyer must complete the purchase in accordance with the terms of the Contract
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Clause 26
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Where the Buyer elects to complete under Clause 24(a) or 25(a) or must complete under Clause 24(b) or 25(b):
(a)
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The Buyer shall only be entitled to claim compensation if notice of such claim is given at or before Settlement and such notice clearly details the error, misdescription or encroachment giving rise to such claim. Any claim for compensation shall be limited to monetary compensation only.
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(b)
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Any such claim for compensation does not entitle the Buyer to delay Settlement or withhold any of the purchase monies.
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Clause 27
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27.1
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The Seller must, prior to Settlement, provide to the Buyer current copies of all relevant documents in the Sellers possession reasonably required by the Buyer relating to the Property, in particular those relating to tenancies, licenses, warranties, and any unregistered dealings.
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27.2
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The Seller by this Contract consents to and authorises the Buyer to inspect the records of relevant authorities including body corporate and obtain any necessary certificates relating to the Land and/or Lot and Improvements.
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Clause 30
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From 5.00pm on the next Business Day after the signing of this Contract the Property shall be at the risk of the Buyer, however, as long as the Seller continues to occupy the Property the Seller shall maintain any current insurance policies and will use and maintain the Property with reasonable care (as provided in Clause 9).
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Clause 34.1
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Time shall be of the essence. Settlement must may take place on the Settlement Date at any time between the hours specified in Clause 8.2 of this Contract.
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Clause 35
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35.1
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(1)
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The Seller must, by Settlement, fully comply with any Work Orders or Notices issued by a competent authority on, before or subsequent to the Date of Contract that require compliance by Settlement. pursuant to Clause 15.1 (8), made on or before the Date of Contract. and the Buyer shall comply with any Work Orders or Notices issued subsequent to the Date of Contract.
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(2)
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Provided however, should the Buyer direct the Seller not to carry out the works, the Buyer will indemnify the Seller against any claims in respect of such Work Orders or Notices.
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35.2
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The Buyer must comply with any Work Orders or Notices issued by a competent authority subsequent to the Date of Contract that require compliance after Settlement.
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35.3
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The Costs incurred by one party in complying with of any Work Order or Notice complied with by one party which, under Clause 35.1, is the responsibility of the other party shall be, to the extent of such costs, an Adjustment to the Purchase Price in favour of the party who has incurred the costs.
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35.4
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The Buyer shall bear all costs towards construction or repair of any dividing fences between the Land and any adjoining land, unless a Notice served under the provisions of the Dividing Fences Act 1953, Section 8, is in force as at the date of this Contract, in which case such Notice shall be treated in the same manner as a Notice referred to in Clauses 35.1and 35.3.
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35.5
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In accordance with Clause 35.1 the Seller will forthwith provide the Buyer with copies of all Work Orders and Notices (including those under the Dividing Fences Act 1953) received after the Date of Contract and will not carry out any work without written consent of the Buyer which consent will not be unreasonably withheld.
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35.6
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Should the Contract not settle other than through default of the Buyer, the Seller will reimburse to the Buyer any monies reasonably expended by the Buyer in accordance with matters disclosed in Item (18).
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Clause 37.5
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A Sellers Agent shall, for the purpose of this Clause, be recognised as a party and may receive Notices in accordance with Clause 37.1 on the Sellers behalf if authorised by the Seller. Where notice cannot otherwise be served on the Seller in accordance with this Clause, notice may be served on the Sellers Agent.
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Clause 44.2
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If the Buyer does not exercise its their right to terminate this Contract in accordance with Clause 44.1 (a):
(a)
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when the Supply of a Going Concern option, as per Clause 40, is was chosen then the Buyer must pay to the Seller the amount of GST payable on the supply of the Property; or
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(b)
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when the Seller has chosen a Margin Scheme option as per Clause 41 then Clause 44.1 (b) shall apply.
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Clause 20
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50.1
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By signing this Contract all parties agree to having given prior approval, in accordance with the Electronic Transactions (Queensland) Act 2001, for electronic transmission of this Contract and any other related contracts, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).
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50.2
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This Contract may be executed in any number of counterparts. Together all counterparts make up one instrument.
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50.3
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This Contract may be entered into by and becomes binding on the parties by one party signing the Contract that has been signed by the other (or a photocopy or facsimile of that Contract) and transmitting a facsimile of it to the other or to the other partys Agent or Solicitor.
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18 Apr 2008 v2.4
Changes to BCCM Form 14 as per Body Corporate and Community Management
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20 Dec 2007 v2.3
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Item 6
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on GTP/BUP/SP/RP: .............................................................................................
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Item 24
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a) Purchase Price includes G.S.T (see Clause 36)
b) Purchase Price excludes G.S.T (see Clause 37)
c) Going Concern (see Clause 38)
d) Margin Scheme (see Clause 39)
e) GST not applicable (see Clause 40)
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Clause 38.3
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The Buyer must pay to the Seller the amount of G.S.T payable on the supply of the Property if:
(a)
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Clause 35.1 (2) is not correct at the time of Settlement subject to 35.1 (2) (c); or
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(b)
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the supply is no longer a Supply of a Going Concern due to circumstances not relating to a breach by either party; or
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Clause 38.4
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In the event that the supply is assessed not to be a Supply of a Going Concern, the relevant GST together with any fines or penalties levied under Section 40 and Schedule 1 of the Taxation Administration Act 2001 will be payable by that party who failed to perform their obligations under the Going Concern provisions of the G.S.T Act.
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Clause 40
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40.1
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By selecting option (e) in Item (24) the Seller states that G.S.T is not included in the Purchase Price stated in Item (7) of the Item Schedule and warrants that GST is not applicable to the transaction.
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40.2
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Should the Australian Taxation Office determine that there is a GST liability with respect to the sale, the Seller will pay the GST liability as assessed.
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15 Nov 2007 v2.2
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Item 26
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WARNING: By signing this Contract the parties confirm that no legal advice as to the conditions contained herein was provided by the Agent. The parties further agree that any Special Conditions or Clauses were inserted at the specific request of the relevant parties and the Agent gave no legal advice about same.
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29 May 2007 v1.9
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Clause 29
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If Settlement does not take place by the Settlement Date in Item (12) due to delay by the Seller, the Buyer may require the Seller shall to pay to the Buyer, as liquidated damages on Settlement, Interest on the Balance Purchase Price at the rate set out in Item (20).
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11 May 2007 v1.8
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Clause 38.1(2)(c)
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the Buyer is registered for G.S.T, or is required to be registered under Division 23 of the G.S.T Act or is able to be registered under Division 25 of the G.S.T Act
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16 Mar 2007 v1.7
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Clause 22(b)
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Sections 247 (show cause notice) or 248 (enforcement notice) of the Building Act 1975.
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30 Nov 2006 v1.6
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Clause 1(24)
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Land Tax Clearance Certificate: A certificate issued by the Commissioner of Land Tax that describes the land charged, and showing whether or not any land tax remains unpaid on the land described in the application and where land tax remains unpaid, the amount thereof. stating whether or not there are arrears of land tax payable in respect thereof in accordance with (Section 37 (1A) of the Land Tax Act 1915)
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Clause 1(30)
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Property: The Land described in Item (6) together with of the Item Schedule and Improvements thereon, together with and the included chattels described in Item (14) of the Item Schedule.
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Clause 3.5
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Investment of Deposit: (Note: see Section 380 of the Property Agents and Motor Dealers Act 2000)
Where the Stakeholder is instructed by the parties to invest the deposit, subject to any legislative requirements, If the Deposit is to be invested then (except in the case of Bank Bond):
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Clause 3.5(1)
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the Deposit Holder will invest the funds paid with a Bank, Building Society or Credit Union in an interest bearing account in both parties names but at the risk of the party who becomes entitled to the Deposit.
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Clause 5.8
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Should the Buyer obtain Finance Approval on a date subsequent to the Finance Date and notifies the Seller prior to the Seller giving notice terminating the Contract, the Buyer will have complied with the request to obtain a loan in the Finance Amount.
Should the Buyer not obtain Finance Approval by the Finance Date and then subsequently:
(a)
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obtains finance approval; or
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(b)
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waives the benefit of Clause 5.1,
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and notifies the Seller prior to the Seller giving notice to terminate this Contract in accordance with Clause 5.5, then the Buyer will have complied with the requirement to obtain a loan in the Finance Amount.
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Clause 8.2
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Settlement shall take place (Subject to Clause 8.3) on the Settlement Date specified in Item (12) (or if the Settlement Date is not a Business Day on the next Business Day following) between 10.00am and 5.00 pm:
(a)
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at the Settlement office of the Sellers mortgagee or solicitor; or
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(b)
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as otherwise agreed upon by the parties; or
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(c)
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failing agreement, at the nearest office, to the nominated place for Settlement, at which land title documents may be lodged for registration.
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Clause 8.3
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The Seller will have provided to the Buyer no later than 3:00pm on the day prior to the Settlement Date, details of all cheques required for payment of the Balance Purchase Price. Should such details not have been provided in that time the Buyer has the right upon request, given no later than 5:00pm on that day, to a 24-hour extension of the Settlement Date.
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Clause 17
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The Property is sold free of Encumbrances and Leases except as notified other than those included in Items (17) and (20) (But subject to all reservations in favour of the Crown).
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Clause 3.5(9)
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a Stakeholder may invest the Deposit if the sale is to be completed on a contractually ascertainable day more than 60 days after the Deposit is received.
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Clause 35.3
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A facsimile notice shall be deemed to have been served when transmitted to the facsimile number, agreed upon by the recipient, at the time of the facsimile transmission in accordance with Section 24 of the Electronic Transactions (Queensland) Act 2001 and otherwise complies with legislation.
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28 July 2006 v1.4
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Clause 48
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The Agent collects and uses personal information obtained from you (all parties) as a party to this Contract to provide the services required by you or on your behalf. You as a party to this Contract agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable) marketing, sales promotion and administration and as required for legislative and regulatory requirements relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on your behalf. The Client has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.
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07 Apr 2006 v1.2
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Item 8
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Initial Deposit: ...................................................
Payable: ...........................................................
Balance Deposit: ...............................................
Payable by a date no later than: ..........................
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14 Mar 2006 v1.1
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Clause 5.1
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This Contract is subject to and conditional upon the Lender approving a loan to the Buyer in the Finance Amount, on terms and conditions satisfactory to the Buyer, for the purchase of the Property by the Finance Date (or such extended date as may be agreed). See Item (10).
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Clause 5.8
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Should the Buyer obtain Finance Approval on a date subsequent to the Finance Date and notifies the Seller prior to the Seller giving notice terminating the Contract, the Buyer will have complied with the request to obtain a loan in the Finance Amount.
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