STATUTORY LEGISLATION Land and Business Sale and Conveyancing Act 1994.

Form: R1: Sales Agency Agreements. Rights & obligations of vendor.

Land and Business (Sale and Conveyancing) Act 1994 section 20(2).

Form: R2: Disclosure of benefits.

Land and Business (Sale and Conveyancing) Act 1994 section 24C.

Land and Business  (Sale and Conveyancing) Regulations 2010 regulation 22.

Form: R3: Buyers’ information notice.

Land and Business (Sale and Conveyancing) Act 1994 section 13A.

Land and Business (Sale and Conveyancing) Regulations 2010 regulation 17.

Form: R4: Bidders guide. Guide to the sale of residential property by auction.

Land and Business (Sale and Conveyancing) Act 1994 section 24I and section 24J(1)(f).

Form: R5: Collusive practices. Collusive practices at auctions of land or a business.

Land and Business (Sale and Conveyancing) Act 1994 section 24L.

Land and Business (Sale and Conveyancing) Regulations 2010 regulation 28.

Form: R6: Warning notice to purchaser. Agent acting on behalf of vendor and purchaser.

Land and Business (Sale and Conveyancing) Act 1994 section 24F.

Form: R7: Warning notice. Financial and investment advice. 

Land and Business (Sale and Conveyancing) Act 1994 section 24B. 

Land and Business (Sale and Conveyancing.

It is important that you are aware of the legislation that we work under and abide by, what your obligations are and how you are protected. We also have a responsibility to ensure that this information is made readily available to you.

Please ask for the complete forms.

RIGHTS AND OBLIGATIONS

FORM R3

Buyers’ Information Notice.

Land and Business (Sale and Conveyancing) Act 1994 section 13A.

Land and Business (Sale and Conveyancing) Regulations 2010 Regulation 17.

Before you buy a home there are a number of things that you should investigate and consider. Though it may not be obvious at the time, there could be matters that may affect your enjoyment of the property, the safety of people on the property or the value of the property.

The following questions may help you to identify if a property is appropriate to purchase. In many cases the questions relate to a variety of laws and standards. These laws and standards change over time, so it is important to seek the most up to date information. Various government agencies can provide up to date and relevant information on many of these questions.
To find out more, the Office of Consumer and Business Affairs recommends that you check the website: www.cbs.sa.gov.au Consider having a professional building inspection done before proceeding with a purchase. A building inspection will help you answer some of the questions below. The questions have been categorised under the headings Safety, Enjoyment and Value, but all of the issues are relevant to each heading.

SAFETY

Is there asbestos in any of the buildings or elsewhere on the property e.g. sheds and fences?

Does the property have any significant defects e.g. cracking or salt damp? Have the wet areas been waterproofed?

Is the property in a bushfire prone area?

Are the electrical wiring, gas installation, plumbing and appliances in good working order and in good condition? Is a safety switch (RCD) installed? Is it working?

Are there any prohibited gas appliances in bedrooms or bathrooms?

Are smoke alarms installed in the house? If so, are they hardwired? Are they in good working order and in good condition? Are they compliant?

Is there a swimming pool and/or spa pool installed on the property? Are there any safety barriers or fences in place? Do they conform to current standards?

Does the property have any termite or other pest infestations? Is there a current preventive termite treatment program in place? Was the property treated at some stage with persistent organochlorines (now banned) or other toxic termiticides?

Has fill been used on the site? Is the soil contaminated by chemical residues or waste?

Does the property use cooling towers or manufactured warm water systems? If so, what are the maintenance requirements?

ENJOYMENT

Does the property have any storm water problems?

Is the property in a flood prone area? Is the property prone to coastal flooding?

Does the property have an on-site wastewater treatment facility such as a septic tank installed? If so, what are the maintenance requirements? Is it compliant?

Is a sewer mains connection available?

Are all gutters, downpipes and storm water systems in working order and in good condition?

Is the property near power lines? Are there any significant trees on the property? Are there any trees on the property near power lines? Are you considering planting any trees? Do all trees maintain the required clearance from any power lines?

Is this property a unit on strata or community title? What could this mean for you?

Is this property on strata or community title? Do you understand the restrictions of use and the financial obligations of ownership? Will you have to pay a previous owner’s debt or the cost of planned improvements?

Is the property close to a hotel, restaurant, other venue with entertainment consent? For live music? Is the property close to any industrial/commercial activity, a busy road or airport etc. that may result in the generation of noise or the emission of materials or odours into the air?

What appliances, equipment and fittings are included in the sale of the property?

Is there sufficient car parking space available to the property?

VALUE

Are there any illegal or unapproved additions, extensions or alterations to the property?

How energy efficient is the home, including appliances and lighting? What energy sources (e.g. electricity, gas) are available?

Is the property connected to SA Water operated and maintained mains water? Is a mains water connection available? Does the property have a recycled water connection? What sort of water meter is located on the property (a direct or indirect meter – an indirect meter can be located some distance from the property)? Is the property connected to a water meter that is also serving another property?

Are there water taps outside the building? Is there a watering system installed? Are they in good working order and in good condition?

Does the property have alternative sources of water other than mains water supply (including bore or rainwater)? If so, are there any special maintenance requirements?