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Buyer of Residential Property Questionnaire

QUESTIONS FOR BUYER OF RESIDENTIAL PROPERTY
PLEASE COMPLETE AND RETURN

QUESTIONS FOR BUYER OF RESIDENTIAL PROPERTY

Please Note: This Questionnaire takes approximately 20 minutes to complete.

 

Please refer to the information provided in the First Letter and Booklet or call us if you are unsure about any of the questions below.

 

Buyer and contact details

*Please note that email is our main method of communication. Please ensure you check your emails daily.

*We must be able to contact you (and potentially meet with you) throughout the conveyance. It is your obligation to stay in contact with us as your rights may be negatively affected if we are unable to do this.

If you would like further information on the difference between these methods of holding your interest in the Property, please refer to the Booklet or the following link https://www.maplawyers.com.au/difference-between-joint-tenants-and-tenants-in-common/. These methods can affect your succession plans, transfer duty payable and Foreign Investment Review Board requirements.

Please refer to the To-Do List for the documentary evidence that will be required for an identity check.

If you are unsure of your insurance obligations, please contact our office or review the Booklet.

Property location
Use of Property
Other Property matters

In some cases, earthworks will require a development approval (depending on the extent of any changes in ground levels). Unapproved or defective earthworks may create expensive rectification obligations.

If yes to any of the above, or you have received other documents or disclosures, please provide these to us. Please do not assume that the real estate agent or Seller has provided us with all documentation provided to you. These documents may affect your rights and it is important that we receive copies of all documents you have received for our advice.

If you are not sure, you should engage an inspector to confirm. If the Seller does not install compliant smoke alarms before settlement, the Buyer is entitled to an adjustment of 0.15% of the purchase price on settlement provided the compensation is claimed before settlement.

Pool (N/A if purchasing vacant land)

If you have not already signed the Contract:

Goods and chattels (N/A if purchasing vacant land)
Transfer Duty issues

A valuation of the Property based on three comparable sales in the last three months may be required for the assessment of transfer duty.

69. Have you, or are you intending to, buy other property:

The other property may need to be considered in determining the transfer duty payable on this purchase.

Please note that giving a false declaration could result in serious penalties.

Purchase price and deposit

We note that you have no right to make payment via insurance bond or bank guarantee under the standard terms of an REIQ contract.

Finance

If the Contract is subject to finance:

Please ensure that you request any discharge/releases relating to the other property as soon as possible to avoid any delays with your purchase. Please note our retainer does not extend to dealing with any related refinances.

Please ensure you allow sufficient time for any guarantors to obtain independent legal advice – our retainer does not extend to providing guarantor advice.

Expert reports (N/A if vacant land)

If the Contract is subject to a Building and Pest inspection:

Searches

Please note that we are not obliged to order searches until we have cleared funds in trust to cover the costs of searches.

Please refer to the Search List (separately attached)

Warning – you should read the information in our First Letter on the risks of delay in ordering searches. By instructing us to delay ordering your searches you acknowledge you have read this information and accept any risks from delaying the searches.

Tenancy issues (N/A if vacant land)

If you do not instruct us to investigate any tenancy we will not be able to confirm whether the tenancy is enforceable and it may affect your ability to enforce the tenancy agreement after settlement.

Note: This might affect whether you can apply for transfer duty concessions.

Settlement arrangements

Under the standard REIQ contract terms, you have a right to carry out a pre-settlement inspection of the property. If you would like to exercise this right, we recommend you arrange an inspection via the agent for the day before or morning of settlement.

Payment of any surplus funds

93. If any surplus funds are to be paid to me/us personally, I/we direct the funds to be deposited into the following Australian account

How did you hear about us?
Done
Trust Deed (if buying in a Trust)
Power of Attorney (if Contract signed under POA)
Any pool safety certificates or notice of no pool safety certificate (if applicable)
Smoke alarm compliance certificates (if applicable)
Tenancy documents (if applicable)
Advise us if you require any Optional Searches
Any notices provided by the Seller or Agent

Annexure A

Please proceed to fill out the Annexure A if you answered "Yes" to the questions 14, 15, 18 and "No" to the question 17.

 

Additional Questions to be completed only if any Buyer is a company, a trustee, a foreign owner, or acting through an attorney appointed under Power of Attorney.

 

If any Buyer is a company
If any Buyer is purchasing as trustee

8. Have you provided to us or your financier all relevant trust deeds and any deeds or documents varying the trust terms - either:


a. original copies;
b. copies certified as a true and correct copy on every page of the copy by a solicitor, Justice of the Peace or Commissioner of Declarations; or
c. the relevant Titles Queensland registered dealing numbers for the trust?

Please note that this evidence is critical to registering the transfer of the Property into your name as trustee for the trust. You should also give us a copy of any trust documents you have given to your financier.

Foreign ownership

13. The Queensland Revenue Office requires us to provide the following information. For any individual Buyer who is not an Australian Citizen (regardless of whether they are a permanent resident) provide the following information:

14. The Queensland Revenue Office requires us to provide the following information.
If any Buyer is a company or other entity formed outside Australia, or a trustee of a trust with non-Australian tax residence, please provide the following information:

If any Buyer is acting through an attorney appointed under a Power of Attorney

Have you provided us with either:

Annexure B

Please proceed to fill out the Annexure B if you answered "Yes" to the question 19.

 

Additional Questions to be completed only if buying a lot in a Community Titles Scheme e.g. unit, townhouse

 

1. Are you aware of:

2. Are you aware of:

If you are purchasing a unit, we recommend you request a comprehensive pre-purchase strata report from: https://mybodycorpreport.com.au/pre-purchase-strata-report/ Please see our Search List for more information. Please also let us know if you have ordered this or have any queries regarding this.
 
THIS IS THE END OF THE QUESTIONNAIRE

 

If you have completed the questionnaire electronically, you will now need to save a copy of this document and then return via email to us.

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