SELLER DISCLOSURE STATEMENT Questionnaire

Our service terms are:

We will prepare a disclosure statement for you for the sale of your residential property for $550 including GST and includes the following searches,

  • Title Search

  • Title Plan

  • QBCC Pool Search (if required)

Body Corporate Searches and any additional searches required are extra, you will pay the costs of those searches. The terms of our appointment to act for you in relation to the preparation of your Disclosure Statement are set out in this Appointment to Act.

We will act on your specific instructions, and so we require you to be careful and thorough in answering questions. We will rely on your answers to complete the disclosures required to be made to any potential buyers of your property.

We will not be responsible for any of the information you provide to us that is incomplete, inaccurate or wrong.

Our appointment to prepare a Disclosure Statement for you is a single appointment for that purpose and not an ongoing obligation to ensure your Disclosure Statement remains up to date and compliant with your obligations to ensure your Disclosure Statement is current at the time it is given to a Buyer of your property.

More specifically, the terms on which we are appointed are as follows:

The law relating to Sellers Disclosure in Queensland is complex and is affected by multiple different pieces of State and Federal legislation.

It is important that you read and consider all our advice, give us clear instructions as soon as possible to enable us to complete your Disclosure Statement and only instruct us on matters that you are certain are factually correct. If you are in any doubt about a matter we have asked you to instruct us on do not answer in either the affirmative or negative if you are not certain of the answer and contact our office for guidance.

If you do not provide a Disclosure Statement to any buyer of your property that is factually correct at the time the Disclosure Statement is given to any potential buyer this could mean that the potential buyer could terminate any contract signed to purchase your property at any time up until settlement. Further you may suffer loss because you have not provided the potential buyer with an accurate Disclosure Statement.

1. CRITICAL DATES

It is important that you prepare your Disclosure Statement as soon as possible once you make the decision to list your property for sale as it is a legal requirement that you provide any potential buyer of your property with a copy of the Disclosure Statement before they sign a contract to purchase the property.

2. WHAT DO YOU NEED TO DO NOW?

You are required to make disclosures regarding the property.

If the disclosures regarding the property are not accurate a buyer may be able to terminate the contract at any time up until settlement.

The buyer will generally conduct searches on the property to verify your disclosure and check for any rights of termination or compensation they may have.

(a) The Disclosures you will be making

Sellers: Whilst this may seem self explanatory it is the names of each seller as they appear on the title to the property. For example a property may have been bought by a couple prior to their marriage and the property remains in one of the party’s maiden name. In this instant that party would be selling the property using their maiden name or they could contact us and we could have the register updated to reflect their current name. It would depend on the circumstances as to which option was appropriate.

Property Address: This will be the registered address of the property. If the property has 2 addresses (for example 2 street access) the appropriate address is the one that is the registered address of the property as advised by your local council

Title Search: You will be attaching a copy of a current title search for the property issued under the Land Title Act 1994. This will show any interest registered under that Act for the property and the details of ownership as they appear on the titles register.

We will undertake this search on your behalf.

Survey Plan: You will be attaching a copy of the plan of survey registered for your property. The Survey Plan provides the details of the boundaries and area of your property. It may show easements, leases or covenants that relate to your property but just because they do not appear on a current Survey Plan does not mean that they may not exist.

Zoning: Every property is zoned. A zone identifies the preferred land use in an area. The zone, and other planning controls, are identified in the relevant planning scheme to guide development and use of land.

We will undertake this search on your behalf to determine the zoning of your property.

Notices, orders or applications affecting your property: You are required to disclose whether your property is affected by any notice issued by a Commonwealth, State or Local Government entity or by legislative enactment in relation to the following matters.

Transport Proposals: If you have been given a notice about a transport infrastructure proposal that will locate transport infrastructure onto your property or alter the dimensions of your property. Transport infrastructure includes infrastructure for air, busway, light rail, miscellaneous, public marine, rail or road transport infrastructure.

Resumption: You must disclose whether your property is affected by a notice of intention to resume your property or any part of the property that has been issued by any Local, State or Federal entity.

Trees: Whether your property is the subject of a tree order or application under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 affecting your property.

This is not a search we will undertake on your behalf. If you are uncertain as to whether your property is subject to such an order or application or if it is possible your property is subject to an application before you instruct us in relation to any tree orders or applications you should conduct a search of the Queensland Civil and Administrative Tribunal’s (QCAT) website to search for QCAT records. The QCAT website is www.qcat.qld.gov.au.

Heritage: If your property is affected by the Queensland Heritage Act 1992 or is included in the World Heritage List under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth) this needs to be included in your Disclosure Statement.

If you are uncertain as to whether your property is so affected you can search the Queensland Heritage Register www.apps.des.qld.gov.au/heritage-register/ or the World Heritage List at www://soe.dcceew.gov.au/heritage/environment/heritage-recognised-under-epbc-act

We will rely on your advice to us in relation to this. This is not a search we will undertake on your behalf.

Contamination and environmental protection: You must disclose whether your property is listed on the Contaminated Land Register or Environmental Management Register or if the land is the subject of a notice issued or an evaluation made under the Environmental Protections Act 1994 (EPA) (generally about possible contamination or notifiable activities such as underground fuel storage).

We will rely on your advice to us in relation to this. This is not a search we will undertake on your behalf HOWEVER if you would like us to undertake this search for you if you do not know or are uncertain of the status of your property in regards to the contaminated Land Register or Environmental Management Register or if the land is the subject of a notice issued or an evaluation made under the EPA please contact us and we can undertake this search for you before you provide us with your instructions in relation to your properties status.

Our undertaking of and then review of this search is outside the scope of our retainer to prepare your Disclosure Statement. Please contact our office if you would like us to undertake a search to determine if your property is listed on the Contaminated Land Register or Environmental Management Register or if the land is the subject of a notice issued or an evaluation made under the Environmental Protections Act 1994 (EPA).

Registered Encumbrances: We will undertake a search to determine what registered encumbrances are registered on the title of your property. The result of this search will be then noted on your Disclosure Statement.

Unregistered Encumbrances: An unregistered encumbrance is a legal restriction on your use of your property or a right held by another to use a part (or all) of your property as a result of an agreement that has been entered into but not registered on the title of your property.

Other than statutory encumbrances that are unregistered (which is dealt with below) an example would be renting out your property on either a formal (Under the Residential Tenancies and Rooming Accommodation Act 2008) or informal basis.

If you are renting out your property we are relying on your advices of the details of the agreement you have entered into in preparing the Disclosure Statement.

Another example would be an agreement to provide another party a right to access a portion of your land to enable them to access their property. This type of agreement could be oral or in writing and must be advised to us so that we may include it in your Disclosure Statement.

Statutory Encumbrances: Statutory encumbrances refer to an interest in your land held by a statutory authority such as a local council or a utility provider that is granted to the authority by law providing the authority to enter your land to construct, repair or move infrastructure such as drainage, sewerage or power.

We will disclose statutory encumbrances that connect the buildings on your property to services. If there are any drainage, sewerage or power pipes that are located on your property and provide services to neighbouring properties you must advise us so we are able to include these in your Disclosure Statement.

Rent Increases: If you have advised us that your property has been subject to a residential tenancy agreement or rooming accommodation agreement under the Residential Tenancies and Rooming Accommodation Act 2008 you must advise us the date the rent for the premises or each of the residents rooms last increased.

We will rely on your advice to us in relation to this. This is not a search that can be undertaken on your behalf.

Swimming Pool: If there is a swimming pool located on your property or if your property is a part of a community or group title scheme you must attach a pool compliance certificate to your disclosure statement.

If you are unable to obtain a pool safety certificate you must give a Notice of no pool safety Certificate.

Unlicensed Building Work under owner builder permit: If unlicensed building work has been carried out on your property in the last 6 years, that would have required an owner builder permit, then you must give a notice to any buyer of your property under Section 47 of the Queensland Building and Construction Commission Act 1991 prior to signing the contract. A failure to give the required notice may render you liable for significant loss.

The provision of an owner builder notice under Section 47 of the Queensland Building and Construction Commission Act 1991 is outside of the scope of our instructions to prepare a Disclosure Statement for you. You will need to seek independent legal assistance to comply with your obligations under the Queensland Building and Construction Commission Act 1991 or alternatively instruct us to prepare an owner builder notice under Section 47 Queensland Building and Construction Commission Act 1991 for you.

Notices and orders: If there is an unsatisfied show cause notice or enforcement notice under the Building Act 1975 - Section 246AG (cancellation of a pool safety certificate) Section 247 (Show Cause Notice) or Section 248 (Enforcement Notice) or under the Planning Act 2016 Section 167 (Show Cause Notice) or Section 168 (Enforcement Notice) the existence of such a notice must be disclosed in the Disclosure Statement and a copy of any such notice must be provided with this Disclosure Statement to any buyer of your property.

We will rely on your advice to us in relation to this. This is not a search we will undertake on your behalf.

If such a notice remains unsatisfied you must give us a copy to include with your Disclosure Statement.

If there is any notice or order that remains in effect from any local, State or Commonwealth government department, court or tribunal or any other competent authority requiring work to be done or money to be spend in relation to the property this must be disclosed in the Disclosure Statement and a copy of any such notice must be provided with this Disclosure Statement to any buyer of your property.

We will rely on your advice to us in relation to this. This is not a search we will undertake on your behalf.

If such a notice or order remains unsatisfied you must give us a copy to include with your Disclosure Statement.

Rates: You must include in your Disclosure Statement details of the amount payable for all rates and charges (without any discount) for your property as stated in your most recent rates notice.

We will rely on your advice to us in relation to this. This is not a search we will undertake on your behalf.

Water: You must include in your Disclosure Statement details of the amount payable for all water rates and charges (without any discount) for your property as stated in your most recent water rates notice.

We will rely on your advice to us in relation to this. This is not a search we will undertake on your behalf.

Body Corporate and Building Units: You must include in your Disclosure Statement whether your property is part of a community titles scheme or a Building Units and Group Titles scheme.

We will obtain a copy of the most recent community management statement and a current Body Corporate Certificate for your property however you will be liable for the costs to be incurred by us in ordering the searches necessary to obtain these documents.

Ongoing Disclosure Obligation

The terms of our engagement are limited to the provision of a Disclosure Statement that is based on the information provided to us by you and the information contained in the searches undertaken on your behalf.

You have an ongoing obligation to ensure that the Disclosure Statement is correct at the time a contract is entered into by a Buyer of your property. If any of the information contained in the Disclosure Statement prepared by us for you is no longer current then an updated Disclosure Statement containing information that is current at time a contract is entered into must be given to a Buyer. For example if you receive a new rates notice you must provide a Buyer with a new Disclosure Statement with the new rates information included.

5. APPOINTMENT, PROFESSIONAL COSTS AND EXPENSES

(a) Appointment

The work we will undertake on your behalf is the preparation of a Disclosure Statement based on the instructions and information you give to us.

Items we specifically consider are beyond our appointment are:

Ongoing Disclosure Statement compliance: You have an obligation to ensure your Disclosure Statement is current when it is provided to a Buyer. The ongoing compliance of your Disclosure Statement is outside the scope of this retained - which is limited to the preparation of a Disclosure Statement based on the instructions and information you give us.

Advice associated with the Sale, or preparation of a Sale Contract: This appointment does not include any legal services (of any kind whatsoever) or any other services (of any kind whatsoever) in connection with the preparation of a contract of sale, or the terms of a contract of sale, or the negotiation for a proposed sale.

Specifically Excluded Items: All other items which are specifically excluded from our responsibility by these terms.

All Items not specifically included: All items which are not specifically included by this appointment as within and included as part of this appointment.

(b) Termination of Appointment

Our Appointment may be terminated by you, if you give us notice (which may be verbal, by email, by SMS, or by letter) that you no longer wish us to act.

Our Appointment may be terminated if us if there is due cause, which may include:

  • you do not pay for the searches we advise we will need to undertake within a timely manner;

  • you have given us instructions that are not lawful, proper or competent;

  • there are several sellers and one or more of them refuses or cannot (for any reason) provide instructions;

  • if there are several sellers and the instructions from the sellers are conflicting;

  • your acts or omissions are inconsistent with us continuing to represent you, preventing us from properly performing our duties;

  • we identify a conflict of interest or duty and cannot ethically continue to act for you;

  • you have refused to reimburse disbursements we have paid on your behalf;

  • you fail to provide adequate instructions within a reasonable time;

  • you are disrespectful or rude or offensive to any of our staff members (we have a zero tolerance for bullying, rude or offensive behaviour);

  • you make unreasonable demands for information (eg confidential information relating to other parties), or unreasonable demands for action (eg insisting a phone call back within a short time-frame or a specific time window) or other similar unreasonable demands;

  • we identify that any information or instructions you have provided is or is likely not correct;

  • we identify that any information or instructions you have provided are conflicting; or

  • if the appointment comes to an end at law.

(c) Professional Fees

We will provide you with an invoice for the professional fees in preparing the Disclosure Statement once completed.

(d) Outlays

We will charge you for any searches we undertake on your behalf when preparing your Disclosure Statement which will be included in the invoice for the Professional Fees.

(f) Privacy

By engaging our services, you consent to us contacting you occasionally with updates or information about our services that we believe may be relevant to you.

You engage us to carry out searches with third party search providers (including Council, State Government, Bodies Corporate, and Search Agencies) and for this purpose you authorise us to share information provided with those search providers.

You engage us to prepare a Disclosure Statement and you have provided us with an Agency Name and a Salesperson’s Name, and you authorise us to update the Agency and the Salesperson with our progress in preparing the Disclosure Statement, and to deliver the Disclosure Statement to the Agency.

We respect your privacy, and other than the disclosures and sharing described above, and disclosures or sharing required by State or Federal Government Law, we do not share your personal information with third parties.