Vendor Questionnaire | Johnson Conveyancing

Vendor Questionnaire

Please complete this questionnaire so we can prepare your sale documents.

Required from you

To proceed with preparing your sale documents, please complete the questionnaire below as soon as possible. It’s important that your answers are accurate, as we will rely on this information to act on your behalf. Incorrect or incomplete details could result in legal issues, including the potential for the purchaser to cancel the contract at any time before settlement.

Why do we need this information?

As part of the sale process, you are required to provide a Vendor’s Statement (Section 32) disclosing key information about the property. If this statement contains any incorrect or missing details, the buyer may have legal grounds to end the contract at any time before settlement.

Disclosure of material facts

You are also legally required to disclose any material facts that may materially influence a purchaser’s decision to buy. Please review Consumer Affairs Victoria’s guide here for more information.

Vendor disclosure & risks — owner-builder works (s.137B Building Act 1993 (Vic))

It is important that you tell us about any owner-builder work carried out on the property before the sale under section 137B of the Building Act 1993 (Vic). Owner-builder work includes any work that was not completed by a registered builder. If this work is not disclosed the buyer may cancel the contract at any time before settlement, which may have adverse repercussions. Clear and accurate disclosure allows us to protect your interests and helps support a smooth and secure sale process.

If you’re unsure about any question, or if circumstances change before a contract is signed, please contact our office on (03) 4313 4343 so we can assist or complete the questionnaire together.

Property being sold

Sale property address *

Please enter the property address.

Vendor details

Please provide details for each person who owns / is selling the property.

Vendor 1

Full name *

Please enter the vendor’s full name.

Date of birth

Residential address *

Please enter the residential address.

Email *

Please enter a valid email address.

Mobile *

Please enter a mobile number.

Vendor 2

Full name

Date of birth

Residential address

Mobile

Company vendor

Company name

ACN

ABN

Contact person (director)

Registered office address

Contact email

Contact phone

Trust details

Full name of the trust

Type of trust

Unit trust Fixed trust Discretionary / family

Trustee name(s) — the legal owner on title

Trustee ACN/ABN (if a company), or date of birth & ABN (if an individual)

Accountant details

Please email a copy of the original trust deed (and any amending deeds) to angus@johnsonconveyancing.com.au, quoting the property address.

Property questions

Please answer every question. Where a question asks for details, a box will appear for you to complete.

1. Are you aware of any failure to comply with any restrictions imposed on the land by any easement, covenant or other right? For example, a shed or garage that is built over a sewerage pipe.

Yes No

2. Are you aware of any buildings, sheds, carports, fences, concrete or other structures that are located on or encroach over any sewerage, drainage or other ancillary service pipes / easements affecting the property? For example, a garden shed placed over a drainage or sewer pipe.

Important: If you are not fully confident that there is no failure to comply with any easements, it is crucial that you contact the relevant water authority to confirm whether they are aware of any non-compliance and whether consent has been obtained. Failing to provide sufficient details to a purchaser may entitle them to terminate the contract of sale.

Yes No Unsure

3. When was the dwelling built? If the property is vacant land, please select ‘Vacant land’. Note: for dwellings constructed within the past 7 years you will need to provide all building permits, the occupancy permit and a copy of the domestic builders warranty insurance.

Vacant land Built – enter year Built over 8 years ago

4. Is the property currently leased, and will it be sold subject to the lease?

Leased Vacant possession

How is the property managed?

Property manager / managing agent (name & contact details)

Please email a copy of the current lease agreement to angus@johnsonconveyancing.com.au, quoting the property address.

5. Have you received any demand, notice, order, requirement, proposal, declaration or recommendation of a public authority or government department affecting the land? For example, an order from VCAT, a street construction charge, rezoning proposal, a contamination / clean-up notice, or a notice about works and/or subdivision by an adjoining owner.

Yes No

Who issued the notice?

When was it issued? (approximate date is fine)

What does the notice relate to?

6. Is there an Outside Sewer District Agreement in place, or any other agreement with the water authority confirming that the property does not fall within their service area?

Yes No

7. Is the land and/or buildings insured? Important: the property remains at your risk until settlement, regardless of whether you hold insurance.

Yes No

Please note: the property remains entirely at your risk until settlement, whether or not it is insured. As it is currently uninsured, we strongly recommend you arrange building insurance as soon as possible to protect yourself against loss or damage before settlement.

8. Are you aware of any contamination that could pose a risk to human health and/or the environment?

Yes No

9. Are you aware of any encroachments that affect the land? For example, a neighbour’s shed and/or retaining wall is partly built on your land.

Yes No

10. Have you received notice of any actual or proposed compulsory acquisition of any part of the land? Such as an acquisition for road widening.

Yes No

11. Are you aware of any easements that affect the land that are not shown on the title, title plan and/or plan of subdivision? Such as a regularly used walkway across your land.

Yes No

12. Permits & building work (please answer all three parts):

Important: if any planning or building permits have been issued in the last 7 years, you must provide them. Please email copies of all permits (and any occupancy permit and domestic building insurance) to angus@johnsonconveyancing.com.au, quoting the property address.

(a) Have any planning permits or building permits been issued or refused in the last 7 years? (If the property was built within the last 7 years you must answer ‘Yes’.)

Yes No

(b) Are you aware of any works undertaken that would otherwise have required a building or planning permit, where a permit was not obtained?

Yes No

(c) Did any building work — regardless of who carried it out — cost more than $20,000, either on its own or when combined with other works?

Yes No

Was a certificate of consent issued for this work?

Yes No Unsure

If a certificate of consent or any permit exists, please email a copy to angus@johnsonconveyancing.com.au, quoting the property address.

13. Are you aware of any breach of any planning and/or building permit(s) issued for the land?

Yes No

14. Have you or anyone else completed any works or renovations on the property? For example: renovating a bathroom, replacing carpet, adding a pergola/deck/verandah, or replacing a single tile for repair purposes.

Yes No

Who completed the works? (name of person or company)

In what capacity did they do the works?

When did the work start?

When did the work finish?

What were the works?

15. Is there a swimming pool or spa on the land? Since 1 December 2019, pools and spas must be registered with the local council and have a compliant safety barrier.

Yes No

Is it a legal / compliant pool or spa (registered with council and with a compliant safety barrier)?

Yes No Unsure

Do you have the relevant documents (council registration and certificate of barrier compliance)?

Yes No

If you hold any pool/spa registration or compliance documents, please email a copy to angus@johnsonconveyancing.com.au, quoting the property address.

16. Have you considered the Capital Gains Tax (CGT) consequences of the sale of the land? Note: it is very important that you seek external tax / accounting advice about CGT and other tax matters, as our retainer does not extend to providing tax advice.

Yes No

17. Have you considered the GST consequences of the sale of the land? Note: usually new residential premises, commercial premises and vacant land are sold on a ‘plus GST’ basis. It is very important that you seek external tax / accounting advice about GST implications, as our retainer does not extend to providing tax advice.

Yes No

18. Please tick the services connected to the land. ‘Connected’ means that, at the date the purchaser signs the contract of sale, the service can be used.

Electricity (mains connection) Gas (mains connection) Water (mains connection) Sewerage (mains connection – not septic tank) Septic tank and treatment plant in use Telephone / landline connection (not NBN)

Please provide any further details (e.g. if it is an off-grid property):

19. Are any water shares, licences or other transferable water rights held in connection with the property — and if so, are any to be included in the sale? Water rights are legal permissions to take and use water from natural sources such as rivers or groundwater. Most residential properties do not include transferable water rights and instead rely on mains water supply.

Yes No

20. Is the land sold part of one or more owners corporation? Note: s.11 of the Sale of Land Act 1962 may apply, which gives a purchaser the right to rescind if the required owners corporation insurance is not in place.

Yes No

Manager / secretary name

Manager / secretary address

Is any owners corporation ‘inactive’?

Yes No

Does the owners corporation have insurance?

Yes No

Do you lease or licence any common property, or are you aware of any other party doing so?

Yes No

21. What goods and chattels are included in the sale? Things not fixed to the land, such as an outdoor setting. Example: if a shipping container is remaining at the property after the sale, we must include this in the contract.

Nil Provide a list

22. Are the goods included in the sale affected by a security interest on the Personal Property Securities Register (C’th)?

Yes No

23. Are you a foreign resident for tax purposes? A foreign resident means a person who is not a resident of Australia for the purposes of the Income Tax Assessment Act 1936 (C’th).

Yes No

24. Are there any current or anticipated family law matters affecting the property? Including any separation or relationship breakdown, and whether there is any risk of a caveat or competing interest being lodged over the title.

Nil Provide details

25. Is there a mortgage over the property?

Yes No

Who is the mortgage with?

If ‘Other’, or to add branch details, please specify:

Loan account number

Is there any other security held by the lender in connection with this mortgage? (for example, another property used as security)

Yes No Unsure

Are there any guarantors on the loan?

Yes No

Important reminder: you will need to tell your bank that you intend to sell at least 4 weeks before settlement, so the mortgage can be discharged in time. Please reach out to our office if you would like assistance on this.

26. Is there anything else you want to tell us about your property that you think may impact the sale? Including any material facts a buyer should be aware of, such as illegal building works, asbestos, termites or criminal activity at the property.

No Provide details

Declaration

I declare that the information I have provided in this questionnaire is true, accurate and complete to the best of my knowledge. I understand Johnson Conveyancing will rely on it to prepare the sale documents, and that any incorrect information may result in a defective Vendor’s Statement — allowing a buyer to end the contract at any time before settlement — as well as possible other legal consequences.

Please confirm the declaration before submitting.

Signed by (type your full name) *

Please type your full name.

Date *

Please select a date.

✓

Thank you — your questionnaire has been sent

We’ve received your completed vendor questionnaire and it has been sent to our office. We’ll be in touch shortly. If anything changes before a contract is signed, please call us on (03) 4313 4343.

Johnson Conveyancing • (03) 4313 4343 • angus@johnsonconveyancing.com.au