Legal S32 Document Template

LEGAL S32 DOCUMENT TEMPLATE

This Section 32 Vendor's Statement (the "Statement") is made on by Seller: of and provided to Buyer: of in respect of the land at Title Reference:

RECITALS

WHEREAS the Seller is the registered proprietor of the land described above and is required by applicable conveyancing law to disclose material matters affecting the land and title to prospective purchasers;

WHEREAS the Buyer has requested, and the Seller agrees to provide, the information contained in this Statement to enable the Buyer to make an informed decision regarding the purchase of the Property described herein;

WHEREAS the parties intend that the matters disclosed in this Statement be relied upon by the Buyer as constituting the Seller's disclosures, representations and warranties to the extent set out below.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Statement and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Seller and Buyer agree as follows:

1. DEFINITIONS

In this Statement, unless the context otherwise requires: "Property" means the land and improvements at the address and title reference set forth above; "Encumbrances" includes mortgages, charges, caveats, restrictive covenants, easements and notices registered on title; "Settlement Date" means the date on which completion of the sale and transfer is to occur, being .

2. PROPERTY DESCRIPTION AND TITLE

2.1 The Seller certifies that the current title reference is: and the lot/plan details are: .

2.2 To the Seller's knowledge, the Property is/is not subject to any Encumbrances other than those disclosed in Section 3 below. The Seller warrants that no further Encumbrances will be registered between the date of this Statement and settlement without prior written notice to the Buyer.

3. ENCUMBRANCES, EASEMENTS AND NOTIFICATIONS

4. BUILDING, PLANNING AND COMPLIANCE

4.1 The Seller discloses that the Property is subject to the following planning permits, building approvals, orders or enforcement notices:

4.2 The Seller warrants that, to the Seller's knowledge, all works carried out on the Property have been completed in accordance with applicable permits and orders except as expressly disclosed above. The Buyer acknowledges that it will obtain any inspections it considers necessary prior to settlement.

5. SERVICES, SERVICE CONTRACTS AND ADJUSTMENTS

5.1 Adjustments for rates, taxes, levies and service charges will be apportioned between the parties as at the Settlement Date in accordance with usual commercial practice unless otherwise agreed in writing.

6. CHATTELS AND FIXTURES

7. GOODS AND SERVICES TAX (GST)

The parties agree the purchase price specified in the contract of sale is:

GST is included in the purchase price.
GST is additional to the purchase price (if applicable).

8. REPRESENTATIONS, WARRANTIES AND INDEMNITY

8.1 The Seller represents and warrants that, to the Seller's knowledge, all information contained in this Statement is true and correct in all material respects as at the date of this Statement and at settlement, except as disclosed herein.

8.2 The Seller agrees to indemnify and hold harmless the Buyer from and against any liability, loss or expense (including reasonable legal costs) arising from a material inaccuracy in a representation or warranty contained in this Statement, provided that the Buyer gives written notice of a claim promptly upon becoming aware of the matter.

9. DISCLOSED SPECIAL CONDITIONS

10. NOTICES

10.1 Any notice or communication required or permitted under this Statement must be in writing and delivered personally, by registered post, or by other means acknowledged in writing by the recipient, to the addresses set out at the front of this Statement or to such other address as a party may nominate in writing.

11. AMENDMENT, WAIVER AND COUNTERPARTS

11.1 No amendment or variation to this Statement will be effective unless it is in writing and signed by both parties. No waiver of any term or condition will be valid unless in writing and signed by the party granting the waiver.

11.2 This Statement may be executed in counterparts. Each counterpart constitutes an original and all counterparts together constitute one and the same instrument.

12. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

12.1 Governing Law: This Statement is governed by and must be construed in accordance with the laws of the jurisdiction in which the Property is located.

12.2 Entire Agreement: This Statement, together with any contract of sale entered into by the parties, constitutes the entire understanding between the parties with respect to the matters contained herein and supersedes all prior discussions and representations except those expressly repeated herein.

12.3 Severability: If any provision of this Statement is held to be illegal, invalid or unenforceable, that provision will be severed and the remainder of the Statement will remain in full force and effect.

13. SELLER DECLARATION

The Seller certifies that the information provided in this Statement is, to the Seller's knowledge, accurate and complete as at the date set out at the commencement of this Statement and that the Seller will promptly advise the Buyer of any material change to the matters disclosed before settlement.

Sign Now