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Vendor Questionnaire

Start Questionnaire

Start your questionnaire below.

If you hold a copy of the title (s) to the land being sold, please provide it.

What is the address of the land being sold?

Is there more than one title or property address of the land being sold?

Yes

No

If you hold the original paper title(s) please provide them to us as soon as possible.

If you do not hold the paper certificate(s) of title, please provide contact details of the bank or person who has the title(s) or electronic control of the title (ie your bank or previous solicitor)

Is there a mortgage or caveat over the title?

Yes

No

If yes, please provide:

New Field:

Note:

Note:

Usually, a lender will register a mortgage over the title to secure repayment of any loan.

Sometimes a lender or person claiming an interest in the land will lodge a caveat on the title to identify their claim or interest in the land. Please tell us of any known or potential caveats on the title.

Who is registered on title as the owner (name all persons if more than one)

If the registered owner is a company, trust or charity, please provide full details. (If uncertain clarify details with your accountant)

If the seller is different to the registered owner, please provide documentary evidence of your right to sell. (For example, your purchase agreement)

Are any car spaces, storage lots or other areas included in the sale?

Yes

No

Please provide details or the plan of subdivision with lot numbers for any such areas included in the sale.

Are any car spaces subject to a congestion levy?

Yes

No

Are you aware of any failure to comply with any restrictions imposed on the land by any easement, covenant or other right? (For example a garage that is built over a sewer pipe.)

Yes

No

Is there access to the property by public road?

Yes

No

If access is over a neighbours land or public land, please provide details

Have you received any demand, notice, order, requirement, proposal, declaration or recommendation of a public authority or government department affecting the land? (For example, an order from VCAT, a street construction charge, re zoning proposal, a contamination / clean up notice or a notice about works and/or subdivision by an adjoining owner.)

Yes

No

If yes please provide details.

Is the land and buildings insured? (Note, generally the property will remain at your risk until settlement.)

Yes

No

What is the current use of the land? For example a dwelling or shop or mixed use

Are you in occupation of the land?

Yes

No

If currently tenanted, are you intending to sell the land with vacant possession?

Yes

No

Please provide a copy of any tenancy agreement for the land and any disclosure statement issued to retail tenants.

Is the property over 0.41ha in the local council municipalities of Cardinia, Casey, Hume, Melton, Mitchell, Whittlesea or Wyndham and will this sale of the land trigger payment of the Growth Areas Infrastructure Contribution?

Yes

No

Are you aware of any contamination that could pose a risk to human health and or the environment?

Yes

No

Are you aware of any fencing dispute on any of the land boundaries?

Yes

No

Are you aware of any encroachments that affect the land? For example, a neighbour’s shed and/or retaining wall is partly built on your land.

Yes

No

Have you received notice of any actual or proposed compulsory acquisition of any part of the land (such as an acquisition for road widening?)

Yes

No

Is the land in a bushfire prone area?

Yes

No

Are you aware of any easements that affect the land that are not shown on the title, title plan and/or plan of subdivision? (such as a regularly used walkway across your land)

Yes

No

Have any planning permits or building permits been issued or refused?

Yes

No

Please provide a copy of any planning permit(s) and building permit(s) issued for the land.

What is the expiry date for any planning permit?

Is the property sold with plans and permits?

Yes

No

Are you aware of any works that have been undertaken that would have otherwise require a building or planning permit (where a permit has not been obtained)?

Yes

No

How old is the building on the land?

Has an occupancy permit or certificate of final inspection been issued?

Yes

No

Are you aware of any breach of any planning and/or building permit(s) issued for the land?

Yes

No

Is the land affected by any planning overlays? For example, is any part of the land heritage listed and/or subject to public acquisition overlay.

Have you done any owner-builder works (works not completed by a registered builder)? For example, renovated a bathroom.

Yes

No

Do you propose to do any owner-builder works before settlement?

Yes

No

Free Text

Note - A building and defects inspection report is required for owner builder works and insurance may also be required. For more information go to: Consumer Affairs Victoria Ph: 1300 55 81 81 Victorian Building Authority Ph: 1300 815 127

Have safety switches and smoke alarms been installed?

Yes

No

Is there a swimming pool/spa on the land?

Yes

No

If yes:

If yes:

Has a safety barrier or fence been installed?

Yes

No

Has the swimming pool/spa been registered with the local council?

Yes

No

Has a certificate of barrier compliance been obtained?

Yes

No

Free Text

See Building Amendment (Swimming Pool and Spa) Regulations 2019 (Vic)

Further information from the VBA

Does any building on the land contain flammable cladding?

Yes

No

Have you entered into or are you aware of any agreement with the local council to fund the works required to rectify flammable cladding on any building(s) on the land? See part 8B in the Local Government Act 1989 (Vic)

Yes

No

Please provide a copy of the current council rates notice, water rates notice and land tax notice for the land.

If land tax is payable, is it payable at the general rate or the trust rate or absentee owner rate?

General Rate

Trust Rate

Absentee Owner

Is any vacant residential land tax payable?

Yes

No

Have you considered the Capital Gains Tax (CGT) consequences of the sale of the land?

Yes

No

Free Text

Note- it is very important that you seek external tax / accounting advice about CGT and potential CGT, and other tax matters (as our retainer does not extend to providing tax advice).

Have you considered the Goods and Services Tax (GST) treatment of the sale of the land? (For example is the price ‘plus GST’, ‘GST inclusive’ and does the margin scheme or going concern exemption apply)

Yes

No

Is the sale a taxable supply?

Yes

No

Free Text

Note- usually the sale of new residential premises, commercial premises and vacant land are sold on a ‘plus GST’ basis, however it is very important that you seek external tax / accounting advice about GST implications (as our retainer does not extend to providing tax advice).

Is the land zoned for commercial or industrial use (to identify commercial and industrial property tax

Yes

No

Is there any proposal to re zone the land and have you considered any issues in relation to the windfall gains tax (WGT)? For example, could the land be rezoned and become subject to the WGT.

Yes

No

Please select the services connected to the land

Electricity (mains connection)

Gas (mains connection)

Water (mains connection)

Sewerage (mains connection)

Septic tank and treatment plant in use

Telephone/communications

Advise details if rural water, water tank(s)/dam or other than mains water supply

Free Text

Note- ‘Connected’ is not defined in the Sale of Land Act 1962 (Vic). A service is connected where at the date the purchaser signs the contract of sale the service can be used.

If water tanks have been installed, are they included in the sale?

Yes

No

Have solar panels been installed?

Yes

No

Is the land sold part of one or more owners corporation?

Yes

No

Please provide owners corporation manager contact details. (Manager/secretary, Name, Address)

Is any owners corporation ‘inactive’?

Yes

No

Does the owners corporation have insurance

Yes

No

Do you lease or licence any common property, or are you aware of any other party doing so?

Yes

No

Free Text

Note- s.11 of the Sale of Land Act 1962 may apply which gives a purchaser the right to rescind if the required owners corporation insurance is not in place.

What goods and chattels are included in the sale? (things not fixed to the land such as an outdoor setting)

Are there any fixed items that you propose to remove?

Are the goods included in the sale affected by a security interest on the Personal Property Securities Register (C’th)?

Yes

No

Does the land owner have an Australian Business Number (ABN)? If yes please enter your ABN below.

Are you selling this property as part of your business?

Yes

No

Are you acting as an attorney for this sale?

Yes

No

If yes, please provide a copy of the Power of Attorney.

For a company or corporate vendor, who is authorised to give instructions and sign documents?

Are you acting as an executor, trustee, guardian or administrator in regard to ownership of the land. If so, provide a copy of the trust deed / probate or other details.

Yes

No

Please provide the full name and date of birth of each person registered on the title or to be registered before completing this sale.

Free Text

Note- We are required by law to provide this information to various government agencies and may be required to provide them to a purchaser’s representative for the purpose of checking the Personal Property Securities Register.

Are you a foreign resident for tax purposes?

Ye

No

Free Text

A foreign resident means a person who is not a resident of Australia for the purposes of the Income Tax Assessment Act 1936 (C’lth)

Usually, part of the purchase price of a foreign resident vendor will be withheld and paid to the Australian Taxation Office.

Is there anything else you want to tell us about your land that you think may affect a sale? (If yes, please contact us to discuss)

Yes

No

Have you appointed a selling agent?

Yes

No

If yes please provide: Name, Tel, Email

If you are not using a selling agent, have you given any proposed purchaser the prescribed due diligence checklist?

Yes

No

Free Text

A penalty may apply for the failure to give this checklist.

Has an auction date been set?

Yes

No

If yes, please provide date

Is the purchaser related to the vendor?

Yes

No

Is the purchaser a subsidiary/holding company in relation to the vendor?

Yes

No

Is the property owned by a trust? If so, is the purchaser likely to be a beneficiary of this trust?

Yes

No

Have you granted any option to purchase the land?

Yes

No

Does any tenant or other person have a right of first refusal to buy the land or is consent from a third party required to sell the land?

Yes

No

Will the purchaser be given occupation or possession before settlement, or will there be multiple instalment payments? (this may create a ‘terms contract’)

Yes

No

Free Text

Note, If a terms contract of sale is created then an additional vendor’s statement and other requirements must be complied with or the contract may not be enforceable.

Free Text

Please submit any questions or make contact to discuss.

Thank you for submitting.

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admin@mlslegal.com.au

Suite 1, 228 Clarendon Street,

East Melbourne VIC 3002

Our Services

Subdivisions

Loan Documents

Business Sales

Commercial Leasing

Caveats

Restrictive Covenants

Section 173 Agreements

Quick Links

Home
Our Services
Start Your Will
Our Blog
Vendor Page
Contact

Contact Us

admin@mlslegal.com.au

Suite 1, 228 Clarendon Street,

East Melbourne VIC 3002

Shute & Co Pty Ltd (618 299 427) trading as MLS LEGAL (18618 299 427) - All Rights Reserved. Liability Limited by Scheme Under Professional Standards Legislation.

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