WHAT EVERY RESIDENTIAL CONTRACT SHOULD INCLUDE

A residential purchase is often the largest financial commitment that a person will make. 


The important details that every residential contract should include are:

  • The selling agent – if there is one;
  • The details for the seller and buyer – check names are correct and use full names;
  • The purchase price and the deposit and when is the deposit payable;
  • A full description of the property – lot and address details;
  • The nature of any improvements and what chattels are included;
  • Encumbrances – check the title search – for example, easements must be disclosed. Don’t insert the existing mortgage number though – the buyer does not want to buy the property subject to the mortgage;
  • Finance – ensure every item is complete – bank, amount and date it is due;
  • Pest and building inspection – again, make the buyer aware that they should get one and that the contract is completed accordingly;
  • Settlement date and place – make sure the settlement period is reasonable.  An existing and incoming mortgagee of the property will as a rule of thumb require at least 28 days to prepare for settlement;
  • Compliant smoke alarms and the approved safety switch have been disclosed;
  • Pool, if there is one, is disclosed and whether it is compliant;
  • Disclosure of any Neighbourhood Disputes;
  • From the 1 December – make sure the compulsory warning is included directly above the buyer’s signature.

Our experienced conveyancing team can assist you.  Contact Donnie Harris Law to discuss your residential conveyancing matter.

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