Sale - Welcome to ECM Conveyancing

AIC Vendor Questionnaire

Property Address
Vendor Names
Trust / SMSF / GST
Vendor Contact Info
Authorised Contact
Property Type
Service Connections
Property Information
Rates & Outgoings
Owners Corporation
Tenants & Leases
Fences & Disputes
Planning Permits
Building Works (7yr)
Pool / Spa Compliance
Alarm & Solar
Certificate of Title
Mortgage & Loans
Surplus Funds
Real Estate Agent
Inclusions & Exclusions
Legal Agreements
Caveats
Auction Details
Contract of Sale
GST Details
Material Facts
Referral
Acknowledgement

Property Address
Vendor Names
Trust / SMSF / GST
Vendor Contact Info
Authorised Contact
Property Type
Service Connections
Property Information
Rates & Outgoings
Owners Corporation
Tenants & Leases
Fences & Disputes
Planning Permits
Building Works (7yr)
Pool / Spa Compliance
Alarm & Solar
Certificate of Title
Mortgage & Loans
Surplus Funds
Real Estate Agent
Inclusions & Exclusions
Legal Agreements
Caveats
Auction Details
Contract of Sale
GST Details
Material Facts
Referral
Acknowledgement

Sale Instructions

Selling a property is a significant Financial event with strict Disclosure obligations on you as Vendor.

For us to get the Best Possible Outcome for you:-

Purchasers that are Confident to Buy your Property for the Highest Price possible,
Legally Binding Sale Documents, and
Proceeding Smoothly through to Settlement, it is critical that you provide us with all the following details relevant to your sale.

1. Property Address

Correct street address of property being sold (as shown on your Council Rates Notice). Please return this form WITH a copy of your Council Rates Notice.

Correct Street Address of Property Being Sold

Please return this form WITH a copy of your Council Rates Notice.

File Upload

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2. Vendor Names

Full & correct legal name/s who is/are to be named as Vendor — usually as already registered on Title. Include ACN if a Company. Please add an additional sheet if more than three Vendors.

Vendor #1

Full Legal Name

ACN (if a Company)

Vendor #2 (if applicable)

Full Legal Name

ACN (if a Company)

Vendor #3 (if applicable)

Full Legal Name

ACN (if a Company)

3. Trust / SMSF / GST & Accountant Details

Is the property held and/or to be sold by any Vendor as Executor of a Deceased Estate, Guardian, Power of Attorney, SMSF Custodian, or Trustee?

Does any of the above apply?

Yes

Please provide a Full PDF Copy of: Death Certificate / Will / Probate / Guardianship Order / Trust Deed & any Variations / Power of Attorney (as applicable). Answer separately for each Vendor.

File Upload

Choose File

Vendor #1 — GST & Accountant

Registered for GST?

Yes

Should Vendor #1 be Registered for GST?

Yes

ABN of Vendor / Trust (NOT ACN or ABN of Trustee Company!)

Full & Correct Name of Trust

Accountant Firm & Person Name

Accountant Office Phone

Type of Trust

Accountant Email

Accountant Mobile

Vendor #2 — GST & Accountant (if applicable)

Registered for GST?

Yes

Should be Registered?

Yes

ABN of Vendor #2 / Trust

Name of Trust

Accountant Name

Office Phone

Type of Trust

Accountant Email

Mobile

Vendor #3 — GST & Accountant (if applicable)

Registered for GST?

Yes

Should be Registered?

Yes

ABN of Vendor #3 / Trust

Accountant Name

Office Phone

Accountant Email

Mobile

4. Personal Information — Vendor Contact Details

Full contact details for each person registered on the Title (or if a Company, each Director).

Vendor #1

First Name

All Middle Name/s

Date of Birth

Preferred Salutation

Family Name / Surname

Current Address

Postal Address (if different from above)

Future Address (if different from above)

Mobile

Home

Email Address

Are you an Australian Citizen?

Yes

No – please complete below

Country of Citizenship

Do you hold a Permanent Residency Visa?

Yes

Are you a Foreign Natural Person?

Yes

You are NOT a foreign natural person if you are: an Australian citizen; holder of a Permanent Residency Visa; or a New Zealand citizen holding a Special Category Visa (subclass 444).

Vendor #2 (if applicable)

First Name

All Middle Name/s

Date of Birth

Preferred Salutation

Family Name / Surname

Current Address

Mobile

Home

Email Address

Are you an Australian Citizen?

Yes

No – please complete below

Country of Citizenship

Do you hold a Permanent Residency Visa?

Yes

Are you a Foreign Natural Person?

Yes

Vendor #3 (if applicable)

First Name

All Middle Name/s

Date of Birth

Preferred Salutation

Family Name / Surname

Current Address

Mobile

Home

Email Address

Are you an Australian Citizen?

Yes

No – please complete below

Country of Citizenship

Do you hold a Permanent Residency Visa?

Yes

Are you a Foreign Natural Person?

Yes

5. Authorised Additional Contact

If you want ECM Conveyancing to discuss this matter with a person who is NOT a party to this transaction (e.g. Spouse, Parent, Son, Daughter, Accountant, Friend), please provide authority here.

✓

This is optional. Leave blank if you do not wish to authorise any additional contact person.

Authorised Person's Full Name

Relationship to Vendor

Phone Number

Email Address

6. Type of Property Being Sold

Select the property type and provide size details.

Property Type

House

Dual Occupancy

Unit

Apartment

Townhouse

Vacant Land

Farming / Rural

Shop / Office

Factory

Marina Berth

Carpark Space Only

Other

Other Property Type Details

Total Land Size m² (if not Apartment)

Number of Bedrooms (if Residential)

Hectares (if Rural / Farm Land — approx.)

Approx. Net Lettable Area m² (if Commercial — 1,000m²+ requires NABERS Energy Report)

If Farm/Rural or Commercial — Are you selling any Water Licence/Rights, Unused Road Grazing Licence, Machinery or other Commercial Plant & Equipment?

Yes — Please provide details

Details of Water Rights / Machinery / Equipment

7. Service Connections

Please indicate the connection status for each service at the property.

	Connected	Disconnected	Not Connected
Mains Electricity
Mains Gas
Mains Water
Mains Sewage
Landline Telephone
Foxtel / Pay TV
NBN Internet

8. Property Information

Construction year, easements, cladding and other property details.

Approximate / Exact Year of Construction

What Year Did You Buy / Acquire the Property?

If you bought the property LESS THAN 7 YEARS ago, please email ECM a full copy of the Sales Documents (Contract and Section 32 Vendor Statement) from when you bought it.

Upload Previous Purchase Documents (if acquired less than 7 years ago)

Choose File

Easements

Is anything built over or within 1.0m of any Easements at the property?

Yes — This MUST be disclosed in the Section 32 Vendor Statement

Please provide details of what is built over or near easements

Cladding / Combustible Materials

Is there any combustible cladding or combustible material affecting the property?

Yes

Please provide details of what is built over or near easements

9. Rates / Charges / Outgoings / Income

Provide details of all authorities, outgoings, charges and income items associated with the property.

Council Name

Water Authority

Owners Corporation (OC) Manager — Person, Company, Address, Email & Phone . . .

Manager Name

Address

Phone Number

Company

Extra Information

Additional Charges / Outgoings / Income

Include any: Congestion/Parking Space Levy, Licence Fee, Growth Areas Infrastructure (GAIC) Contribution, or any other Periodic or Adjustable Charge / Outgoing / Income items.

Description

Annual Amount ($)

Description

Annual Amount ($)

Description

Annual Amount ($)

Is the property subject to any other Outgoings or Income items? (e.g. Resort/Golf Club Membership, VicTrack Licence Fees, Mooring/Jetty Licence, Billboard or Telecommunication Tower income)

Yes

Please provide details

10. Owners Corporation (OC) and/or Common Property

Is the property affected by an Owners Corporation and/or have any Shared/Common property (e.g. a Shared Driveway)?

Is the property affected by an Owners Corporation (OC) and/or Common Property?

Yes

Is your OC Active?

An "Active" OC is one that, in the last 15 months prior to the Day of Sale, has done ANY of the following: Held an Annual General Meeting (AGM); Fixed any Fees/Levies on Members; or Held any Shared Insurance in the name of the Owners Corporation.

Has your OC done ANY of the 3 "Active" points in the last 15 months?

Yes — OC is ACTIVE (requires OC Certificate)

No — OC is INACTIVE

An "Inactive" OC: has NOT held an AGM, has NOT fixed any Fees/Levies, and has NOT held any Insurance in the last 15 months. However, if there are MORE than 2 lots AND Common Property (e.g. Shared Driveway), Public Liability Insurance MUST be provided — this will make your OC "Active" and require an OC Certificate. In almost all cases, only 2-lot OC subdivisions are exempt from requiring OC Insurance.

Date of NEXT OC Annual General Meeting (if already called)

Date of Last OC Annual General Meeting

IF an AGM is Scheduled or HELD BEFORE the Day of Sale, you MUST let ECM know — the new Minutes MUST be re-inserted into an UPDATED Section 32 Vendor Statement!

If the OC is Self-Managed and/or no-one is in a position to prepare an OC Certificate — do you need ECM to prepare the OC Certificate on your behalf?

Yes — ECM to prepare (additional costs apply)

No — I will arrange separately

11. Tenants & Leases

Is the property currently being rented or occupied by someone other than you?

Is the property currently rented / occupied by a tenant?

Yes

Upload Full Copy of Residential Tenancy / Lease Agreement & Any Extensions or Variations

Choose File

Rental Property Manager — Person, Company, Address, Email & Phone

Are you intending to sell the property as "Vacant Possession"?

Yes — tenants will be given notice to vacate

No — selling with tenant in place

IF an AGM is Scheduled or HELD BEFORE the Day of Sale, you MUST let ECM know — the new Minutes MUST be re-inserted into an UPDATED Section 32 Vendor Statement!

Lease Details (Selling with Tenant)

Name of Tenant/s

Weekly / Monthly Rent Amount ($)

When Does the Lease Expire?

Is any portion of Rent in Arrears?

Yes

How much in Arrears? ($)

Did you collect a Bond?

Yes

Bond Amount ($)

Who Holds the Bond?

Is the Tenant in Breach of the Lease?

Yes

Please provide details of breach

Is there any extra Agreement with the Tenant? (e.g. COVID-19 Rent Relief Deferral, Rent-Free Period, Abatement, Rebate or similar)

Yes

Please provide details

12. Fences / Neighbours / Shared Walls / Notices / Disputes

Please disclose any notices, orders or disputes relevant to the property.

Have you received any Notices, Orders, Letters or Flyers from any Government or Statutory Authority?

Yes

Please describe and upload copies of all relevant Notices / Orders

Upload Full Copy of Residential Tenancy / Lease Agreement & Any Extensions or Variations

Choose File

Have you Sent or Received any Fences Act, Building Act or other Notices from Neighbours? Any discussions about replacing, maintaining or repairing Fences or Party Walls?

Yes

Please provide copy of Notice / Proposal / Quotes / Details

Upload Full Copy of Residential Tenancy / Lease Agreement & Any Extensions or Variations

Choose File

Have there been any Disputes with any nearby Neighbours regarding the property?

Yes

Please provide details

13. Planning Permits

Planning Permits come from Council or VCAT and are NOT the same as a Building Permit.

Have any Planning Permits been Issued for the Property, Applied for and Refused in the last 7 years, OR granted longer ago with ongoing Conditions that continue to apply?

Yes

Please provide details and upload copies of Planning Permits and/or Endorsed Plans

Upload Full Copy of Residential Tenancy / Lease Agreement & Any Extensions or Variations

Choose File

14. All Building Works in the Last 7 Years

Please tell us of ALL Building Works performed to your property in the last 7 years — including Repairs and Maintenance. Add extra sheets if required.

⚠️

Even if Building Works were performed by a Registered Builder, you may still be classified as an "Owner Builder". Placing your Property on the Market increases the chances of non-compliance being detected. The Building Act, 1993 provides for very substantial penalties for non-compliance.

Building Work

Detailed Description of Works

Date Finished

Structural Changes?

Certificate of Final Inspection?

VBA Reg No. (if Reg. Builder)

ABN of Builder

Actual Cost ($)

Date Started

Building Permit?

Who Did the Works?

Written Contract?

No. of Contractors

Value if Reg. Builder ($)

Add Another Building Work

Yes

Building Work - 1

Detailed Description of Works

Date Finished

Structural Changes?

Certificate of Final Inspection?

VBA Reg No. (if Reg. Builder)

ABN of Builder

Actual Cost ($)

Date Started

Building Permit?

Who Did the Works?

Written Contract?

No. of Contractors

Value if Reg. Builder ($)

Sub-Contractor Certificates & Warranties

Did any Builders or Contractors issue a Long-Term Warranty or Certificate of Compliance that you have in writing and wish to include in the Vendor Statement? These are OPTIONAL but positive "comfort" items for Buyers. (e.g. Builder's Structural Warranty, Urethane Underpinning Warranty, Re-Stumping Warranty, Re-Roofing Warranty, Termite Treatment Certificate, Electrical/Plumbing Certificate of Compliance)

Do you have any Sub-Contractor Certificates / Warranties to include?

Yes — please provide details and copies

Details of Warranties / Certificates

Choose File

15. Swimming Pools, Spas & Water Features

All pools, spas, ponds or water features capable of holding 30cm or more of water must be registered with Council and have a Certificate of Barrier Compliance.

Does the property have a Swimming Pool?

Yes

Year Pool / Spa / Water Feature was Constructed

If constructed within the last 7 years, please provide copies of: Building Permit, Final Inspection Certificate, and Warranty Insurance.

Upload Pool/Spa Building Permit, Final Inspection Certificate & Warranty Insurance (if last 7 years)

Choose File

⚠️

Fine for Failure to Register Pool/Spa: $1,849.20 (at 4/2023)
Certificate of Barrier Compliance deadlines:

On or before 30 June 1994 → by 1 June 2022 (fines may apply)
1 July 1994 to 30 April 2010 → by 1 June 2023 (fines may apply)
1 May 2010 to October 2020 → by 1 June 2024
New Pools after October 2020 → compliance as part of Certificate of Final Inspection

All Pools must lodge a new Certificate every 4 years.

Please tick which stage of the Pool Registration/Compliance Process you are up to:

The Pool/Spa/Water Feature is REGISTERED with Council — please upload Confirmation of Registration

Council has confirmed Age of Pool, Australian Standard & Date for Compliance — please upload Council letter

The Pool/Spa/Water Feature has been INSPECTED by a Registered Pool Inspector

Inspector listed items requiring maintenance but I/We do NOT intend to fix them prior to Sale (only ok if Inspection Report included in Section 32 AND Settlement is before the Compliance Date)

Inspector has PASSED all items and issued a Certificate of Barrier Compliance — please upload Certificate

Upload Pool/Spa Building Permit, Final Inspection Certificate & Warranty Insurance (if last 7 years)

Choose File

Does the property have an outdoor Spa, Pond or Water Feature 30cm or more in Depth?

Yes

Year Pool / Spa / Water Feature was Constructed

If constructed within the last 7 years, please provide copies of: Building Permit, Final Inspection Certificate, and Warranty Insurance.

Upload Pool/Spa Building Permit, Final Inspection Certificate & Warranty Insurance (if last 7 years)

Choose File

⚠️

Fine for Failure to Register Pool/Spa: $1,849.20 (at 4/2023)
Certificate of Barrier Compliance deadlines:

On or before 30 June 1994 → by 1 June 2022 (fines may apply)
1 July 1994 to 30 April 2010 → by 1 June 2023 (fines may apply)
1 May 2010 to October 2020 → by 1 June 2024
New Pools after October 2020 → compliance as part of Certificate of Final Inspection

All Pools must lodge a new Certificate every 4 years.

Please tick which stage of the Pool Registration/Compliance Process you are up to:

The Pool/Spa/Water Feature is REGISTERED with Council — please upload Confirmation of Registration

Council has confirmed Age of Pool, Australian Standard & Date for Compliance — please upload Council letter

The Pool/Spa/Water Feature has been INSPECTED by a Registered Pool Inspector

Inspector listed items requiring maintenance but I/We do NOT intend to fix them prior to Sale (only ok if Inspection Report included in Section 32 AND Settlement is before the Compliance Date)

Inspector has PASSED all items and issued a Certificate of Barrier Compliance — please upload Certificate

Upload Pool/Spa Building Permit, Final Inspection Certificate & Warranty Insurance (if last 7 years)

Choose File

16. Alarm Systems & Solar Panels

Please provide details of any alarm systems or solar panels at the property.

Alarm System

Does the property have an Alarm System?

Yes

Is the Alarm under any Contract / Agreement for Call-Back Monitoring?

Yes

If Yes, please ensure the Contact and Reference details are left with your Estate Agent to give to the Purchaser after Settlement OR in the house for the Purchaser.

Account / Reference Number

Alarm Monitoring Company

Alarm System

Does the property have Solar Panels?

Yes

Are the Solar Panels under any Finance Contracts / Hire-Purchase or Similar Agreements?

Yes

⚠️

⚠️ Solar Panel Finance Agreements are usually PAID OUT by you as Vendor at Settlement. If NOT to be paid out, ensure the Contact and Reference details are left with your Estate Agent to give to the Purchaser.

Solar Finance Company / Contract Details

17. Certificate of Title

Where is the original Certificate of Title held? Please provide all title details.

Where is the Title held / Controlled?

Bank / Lender

Other Conveyancer

My/Our Title has already been Converted to an e-CT following a Recent Transaction

I/We hold it and will Drop the ORIGINAL at your Offices

Other

If converted to e-CT — Nature of Recent Transaction

⚠️

If YOU hold the clear Title as a "Paper Title", please arrange to drop the ORIGINAL at ECM's office ASAP — BEFORE you start Packing! If you have LOST your original Certificate of Title, replacement costs approximately $1,500 and takes about 4 weeks — which may make a 30-Day Settlement impossible.

Title Details

Title Details

Volume

Folio

Lot

Plan

Press the + icon to add more title details.

Extra / Additional Titles

Are there any Extra / 2nd / 3rd Titles or Other Areas involved? (e.g. Carparks, Storage Units, Accessory Units)

Yes

Carparks

Number of Carparks

Carpark Type / Location

Carpark Other Details (e.g. unofficial swap, 99-Year Lease/Licence on Common Property)

Storage Units

Number of Storage Areas

Storage Location

Other Accessory Units or Areas on 99-Year Lease/Licence

Portions of Disused Laneways being sold with the property?

18. Value / Estimated Sale Price, Mortgage & Loans

Provide details about the expected sale price and any existing loans or mortgages on the property.

Estimated / Expected Total Sale Price ($)

Is there a Mortgage registered on the property?

Yes — please complete below

Bank / Lender Name

Approximate Amount Owed ($)

Client / Customer / Member ID Number

Loan Account Number/s

Is the Property used as Collateral Security for other borrowings?

Yes

Linked Loan Number

Other Security Property Address

Name/s of Guarantors or Co-Borrowers (if the other Property/Loan is NOT in the same name)

Do you have a specific Bank/Lender Contact (e.g. Business Banker, Private Banker)? — Name & Full Contact Details

19. Surplus Funds

After any Loan/s are repaid and expenses relating to the sale are paid, please provide details of the account where Surplus Funds are to be deposited. Attach an extra sheet if Surplus Funds are to be split between two or more accounts.

Please ensure the bank account details below are accurate. ECM will deposit your net sale proceeds directly into this account at Settlement.

Bank Name

BSB

Name of Account

Account Number

Are Surplus Funds to be split between two or more accounts?

Yes — please provide additional account details below

Bank Name

BSB

Amount or % to this Account

Name of Account

Account Number

20. Real Estate Agent

Are you selling through a Real Estate Agent?

Yes — please provide details

Real Estate Agency Name

Address of Agency's Office

Office Phone

Office Email

Salesperson / Agent Name

Salesperson Mobile

Salesperson Email

21. Inclusions & Exclusions from the Sale

What is included and excluded in the sale? Listing Inclusions in detail gives Buyers more comfort and "helps you make a Sale".

Inclusions

Standard general description of Inclusions: "All fixed floor coverings, all fixed light fittings and all window furnishings, all Fixtures & Fittings of a Permanent Nature"

Is the Standard Inclusions description sufficient?

Yes — standard description is sufficient

No — I want to list additional items

Additional Inclusions to be listed in the Contract

Exclusions

Standard general description of Exclusions: "All Vendor's (and Tenant's if applicable) freestanding furniture, contents and personal effects"

Is the Standard Exclusions description sufficient?

Yes

No — I have additional exclusions to list

Additional Exclusions to be listed in the Contract

⚠️

Please ensure you also advise your Agent IN WRITING of any items to be excluded from the sale.

22. Separations / Court Orders / Prior Contracts / Agreements

Is the property subject to any of the following legal matters?

Is the property subject to any of the following?

Separation and/or Divorce

Family Court Orders / Binding Written/Financial Agreements

Any Other Court Orders or Proceedings

Prior Contract (that needs to be Terminated before you can Re-Sell)

First Right of Refusal (that needs to be Refused by someone else before you can Sell on the Open Market)

Life Estate (From a Will, on Title or Unregistered, where you can't Sell on Vacant Possession until that person is Deceased)

Other Agreement that gives someone else a Right or Interest in this Property

NONE of the above apply

If any of the above apply — please provide details

23. Caveats

Are there any caveats registered on the title?

IF an AGM is Scheduled or HELD BEFORE the Day of Sale, you MUST let ECM know — the new Minutes MUST be re-inserted into an UPDATED Section 32 Vendor Statement!

Are there any Caveats registered on the Title?

Yes

Name of Caveator

If securing a Charge — Approximate Amount Owed ($)

If Other Claim — Nature of the Caveator's Claim

24. Auction

Is the property being sold at Auction?

Yes

No — Private Sale

Auction Date

⚠️

ECM requires at least 4 weeks' notice if property is to go to Auction so that the necessary searches can be obtained and documentation can be prepared. Please contact ECM immediately if the Auction date is less than 4 weeks away.

25. Contract of Sale

In addition to the Section 32 Vendor Disclosure Statement, a formal Contract of Sale needs to be prepared.

ECM recommends that our office, rather than the agent, organises the Contract of Sale for you. This ensures all relevant Special Conditions are completed and/or deleted correctly to protect your interests should there be a delay or complication.

⚠️

For ALL Auctions, ALL Commercial Properties, Stratum Titles, Company Share Buildings, SMSF or other Trust Structure Vendors, Farms, New Subdivisions or Developments, and/or if GST applies to your sale — ECM MUST prepare the Contract of Sale (not the Real Estate Agent).

Do you wish for ECM to prepare the Contract of Sale for you?

Yes — please prepare the Contract of Sale (standard fee applies)

No — Agent to prepare

26. GST Details

Please confirm the GST status of this sale. If unsure, please verify with your Accountant/Tax Agent BEFORE completing this section.

⚠️

By completing this section you confirm you have received correct financial and taxation advice and hereby indemnify ECM Conveyancers from any payments or penalties arising from incorrect information.

The Contract of Sale for our property is to be subject to:

	Check
GST does NOT apply to this sale
GST potentially applies but may be Exempt
GST Definitely Applies AND "Margin Scheme" is to be used (GST Included in the Sale Price)
GST Definitely Applies AND Price is "Plus 10% GST" (GST is in ADDITION to the Sale Price — Tax Invoice to be Served, 10% GST to be collected at Settlement)

GST Withholding (Since 1 July 2018)

A GST Withholding regime applies mainly to Brand NEW Residential Built Properties and Newly Subdivided Residential Land where the Vendor is GST Registered. In these cases, the PURCHASER must withhold any GST portion and remit directly to the ATO at Settlement. If unsure, speak with your Accountant. Penalties apply for failure to provide the required notice to Purchasers.

27. Material Facts

From 1 March 2020, Vendors and their Estate Agents cannot knowingly conceal any Material Facts about a property. A Material Fact is a fact that may be important to a potential purchaser in deciding whether or not to buy your property, or at what price.

⚠️

Knowingly concealing a material fact can result in a penalty of 120 penalty units ($22,190.40 at 4/2023) or up to 12 months imprisonment under Section 12(d) of the Sale of Land Act.

Please tick any Material Facts that apply to your property, and/or add any other relevant facts:

Inspections, tests or investigations have revealed a defect in the structure of the building (e.g. "patched up" Crack, termite infestation, combustible cladding, asbestos, soil contamination)

The underlying reason for an obvious physical defect is not readily apparent upon inspection (e.g. defective Stumping, Foundations, Tree Roots, Leaking Sewer)

There has been a significant event at the property, including a Flood or a Fire

There is a history of pesticide use (e.g. property used for horticulture or agricultural purposes)

There are restrictions on vehicular access to the property not obvious during inspection (e.g. truck curfews, access via easement or private agreement)

Access to the property is ONLY by Easement over someone else's Land (property is "Landlocked" with no Public Road Frontage)

Someone else has for a long time accessed their property across, over, or along your property (Unregistered or Prescriptive Servient Easement)

Someone else has for a long time drawn Water, Gas, Electricity or other services across your property not shown on Title

The Street Parking in Front of the Property requires Parking Permits (please provide copies of your permits)

I am aware my property contains a "Significant Tree" that would require a Permit to Remove or Trim (generally 30cm+ trunk diameter at 1.0m above ground)

At least one fence is NOT on the Correct Boundary Position — Survey Encroachment (land as Fenced does NOT accord with Title Plan)

The property has been previously Owned or Occupied by a "notorious" former Owner/Resident

One or more Appliances/Inclusions with the Sale are NOT working (e.g. Pool equipment, Dishwasher, Heating, Cooling)

Finance on Items INCLUDED in the Sale (e.g. Part-Paid Solar Panel System Agreement or other financing)

Soil or other Environmental Contamination of Adjoining/Nearby Land

There is a nearby "Rooming House" or other property known for Police attendances and/or Council Complaints

A Planning Permit has been Applied for or Issued for a NEARBY property (please provide the address of that nearby property and any "Do you want to Object?" letter)

Facts about the neighbourhood that may not be immediately apparent (e.g. sinkholes, surface subsidence, nearby development proposals affecting use and enjoyment)

Refusal of a previous Planning Permit Application for the Subject Property

Building work or other work done WITHOUT a required Building Permit, Planning Permit, or that is otherwise illegal

The property during current or previous occupation has been the scene of a serious crime — extreme violence, Homicide, Manslaughter, Rape, or Suicide at the property

Used for growth, supply or manufacture of substances (e.g. methyl amphetamine, marijuana — "Drug Lab")

A defence or fire brigade training site involving the use of Hazardous Materials

NONE of the above apply to this property

Details of any ticked Material Facts above (please describe):

Other Material Facts not listed above:

If in doubt, please also read the Consumer Affairs Victoria Material Fact Guidelines: Preparing to sell your property — Consumer Affairs Victoria

28. Previous Client / Referral / Recommendation

How did you hear about ECM Conveyancing?

Have you used ECM Conveyancing before?

Yes

No — please answer below

For New Clients — How did you hear about us? (Please also provide from whom / detail)

Please provide name/details)

29. Acknowledgement & Signatures

By returning these Sale Instructions to ECM Conveyancing, you engage ECM to carry out the conveyancing process on your behalf. Please read and confirm each declaration carefully.

⚠️

Important: The information in the Section 32 Vendor Statement must be true, correct, complete and not misleading as at the Day of Sale. The Purchaser may be entitled to avoid the contract if information is untrue, incorrect, incomplete or misleading.

You Acknowledge and Agree:

The Contract of Sale and Section 32 Vendor Statement will be prepared based on the contents of these Sale Instructions, but can become invalid after time. The chances increase significantly after 2–3 months and many Purchasers will not rely on a Section 32 older than three months, or if circumstances have changed.

I/We will notify ECM by telephone AND then email if ANY matter raised in these Instructions changes between now and completion of Settlement. (Please keep a copy and review it just before signing to Sell your Property.)

The information in the Section 32 Vendor Statement must be true, correct, complete and not misleading as at the Day of Sale.

The Purchaser MAY be entitled to avoid the contract if information in the Section 32 Vendor Statement is untrue, incorrect, incomplete or misleading as at the Day of Sale.

ECM Conveyancing can and will rely on the truth, accuracy and completeness of the information I/We have provided herein.

I/We hereby indemnify ECM Conveyancing and agree to keep ECM Conveyancing indemnified in relation to the above and any matter arising from reliance on these Sale Instructions.

I/We agree to pay ECM Conveyancing their account for all work done on the Sales Documents on a 14-day Account in accordance with ECM Conveyancing's "Our Fees & Trading Terms", which I/We have received, read and understood. I/We agree to secure payment by hereby granting a charge of all my/our right, title and interest in the subject property for any Invoices issued by ECM Conveyancing.

I/We authorise and instruct ECM to commence preparation of the Section 32 Vendor Statement and any other Documents required, including (if instructed above) a Contract of Sale and/or a Self-Managed OC Certificate, based on and relying on the information supplied in this Questionnaire.

Signatures — All Vendors

Signature — Vendor #1

Signature — Vendor #2

Signature — Vendor #3

Date

ECM Conveyancing — Efigenia Kourbetis, Licensed Conveyancer
📱 0413-260-743 | 📧 effie@ecmconveyancing.com.au | 🌐 www.ecmconveyancing.com.au
Care PO 148, Endeavour Hills VIC 3802 | ABN: 64 903 251 384 | Licence No: 001652L
This Firm Holds Professional Indemnity Insurance Against Civil Liability