Under the conveyancing act 1919 when selling a house or unit you must attach certain documents to the contract for sale of land before your agent may market the property. These documents include the following:
- Section 10.7 certificate (Environmental planning and assessments act)
- Sewerage diagram
- Pool compliance or non-compliance certificate, pool registration certificate
- Plan of the land
- Title search
- Any dealings associated with the block of land
- By Laws if strata
- A notice in respect to smoke alarms
Page Conveyancing ensures that all required documents are attached to your contract before issuing a marketing contract to your Real Estate Agent.
It is most important that these documents are attached to the contract as the purchaser may have the right to rescind the contract within 14 days of exchange if they are not.
This right is separate from the buyers cooling off rights and can be exercised by the buyer even if she/he waives the right to cooling off at the time of executing the contract. A notice of rescission of a contract for the sale of land rescinds the contract as from the time the contract was made and, in that event, the deposit and any other money paid by the buyer to the seller or the seller’s agent under the contract of sale are to be refunded.
In addition to the above documents required there are further documents that you may wish to add to the contract such as Home Owners Warranty Insurance, Occupation Certificates Building Certificates etc. This gives the buyer more confidence when doing their due diligence and expedites the matter as they do not have to order or source these documents themselves.
If the property is under 6 years old the Home Owners Warranty Certificate must be attached unless you are exempt under the owner builder act. In this case it must be disclosed.