This bundle includes guides from the following two publications.
Recent updates to this publication can be viewed on Obiter - our News & Updates site.
A complete matter-management solution allowing conveyancers and support staff to run a busy conveyancing practice. Each step in the transaction is set out in sequential order with easy access to all required precedents and a simple but comprehensive commentary. Includes the By Lawyers Contract of Sale of Land.
Commentary covers all issues that arise regularly and more complex issues that arise from time to time. The publication includes our reference manuals 1001 Conveyancing Answers, 101 Section 32 Answers and 101 Section 27 Answers.
Popular precedents include:
- Contract of sale of land – By Lawyers
- Letter to council with outstanding rates and notice of acquisition
- Letter to water authority with outstanding rates and notice of acquisition
- Initial letter to purchaser
- Letter to vendor's solicitor with adjustments
- Letter to vendor enclosing transfer and goods declaration
- Direction to pay to purchaser's solicitor
- Letter to purchaser after settlement
- General advice to purchaser
- Letter to discharging mortgagee requesting discharge
- Contract of Sale of Real Estate
A guide to negotiating and drafting retail, commercial and rural leases including assignment, termination, transfer and other related transactions. The commentary covers the Retail Leases Act requirements and key practical issues in leasing such as bank or personal guarantees, interruption, outgoings, repairs, renewals, registration and subleases.
Precedents include commercial and retail leases in plain English, agreements to lease, disclosure statements, licences, a library of additional clauses and notices, appropriate letters and all that is required for the quick and accurate production of leases and advice to landlords or tenants. Our comprehensive Retainer Instructions ensures nothing is missed and the client is properly advised.
Some of the most popular precedents in this publication include:
- Advice to parties reviewing a lease
- LEASE - Retail - Annexures A and B
- LEASE - Commercial industrial - Annexures A and B
- Deed of assignment of lease
- Reply to lessor's solicitor returning executed lease
- Notice to Owners Corporation
Guides in this publication
“ A comprehensive collection of common practitioner enquries in relation to the Section 32 Vendor Statement. ”
“ Failure to disclose within s 27 statement Dear Mentor, I act for a vendor and have provided the purchaser's solicitor with a s 27 statement. They have asked why we didn’t disclose a statutory charge in favour of the SRO on the s 27 statement. ”
“ Building, Warranty, Builders and Owner Builder ”
“ Planning, Easements, Covenants, Other ”
“ Planning ”
“ Building permit Hi Mentor, I would just like to confirm that under Section 32 of the Sale of Land Act the vendor must provide particulars of any building permit issued in the last seven years. So if the permit was issued in February 2007 however final inspection was not until June 2008 we do not ... ”
“ Two-lot plans exempt from insurance obligations Hi Mentor. Our client has purchased a unit (two-lot plan of subdivision with a common driveway). We have a copy of the Section 32 and on the Owners Corporation Certificate no fees or insurance is applicable. Do the vendors have to have insurance over ... ”
“ Vacant land off the plan - GAIC issues I'm acting for a purchaser who is buying vacant land off the plan. It's a 300-lot subdivision. The parent title is in a GAIC area. The contract includes an Application to Record Notification of GAIC on title. The parent title is in the process of being ... ”
“ Gas service not connected We have an urgent query - settlement due this afternoon! ”
“ Right to sell - Conditional contract - Caveatable interest Can a vendor who is not the registered proprietor satisfy the 'evidence of right to sell' requirement in s 32(3)(b) Sale of Land Act by providing a statutory declaration confirming that the vendor has purchased the land under a contract, if ... ”
“ Compulsory documents Dear Sir/Madam, I am sure this is a question you get a lot, for which I apologise, but I just wanted to get some certainty on it. We have a client that needs a section 32 prepared urgently. What are the minimum certificates that are required to be ordered to be compliant with ... ”
“ Avoidance rights for breach We have a situation whereby contracts were exchanged before advice was sought by our purchaser client. We have now discovered that the vendor omitted information about building works in the section 32. Purchaser wishes to end the contract. I understand that the omission ... ”
“ Adjoining lots - Diffe ”
“ Agents - Providing purchasers with unsigned s 32 statements Dear Mentor, We have been contacted by a real estate agent who believes that agents can no longer send out unsigned section 32 statements to prospective purchasers. The section 32 would normally be signed by both parties at the time the ... ”
“ Death in property Facts: ”
“ Error within section 32 statement I act for a vendor whose property has been sold and settlement is due next week. Based on the property report from land.vic.gov.au, the property is in a designated bushfire prone area. However, I have just discovered that when I prepared the section 32, I ... ”
“ Terms contract - Additional vendors statement I am acting for a terms vendor of a farm which is subject to a mortgage, for the first time! ”