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

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 dwelling

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

Leased Vacant possession

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

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

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):

(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 completed by someone who was not a registered builder (for example, a tradesperson) cost more than $20,000, either on its own or combined with other works?

Yes No

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

15. Is there a swimming pool or spa on the land?

Yes No

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)

If water is supplied other than by mains (rural water, water tank(s)/dam, etc.), please provide details:

19. Have solar panels been installed, and are they paid in full?

Yes No

20. 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

21. 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

22. 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

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

Yes No

24. 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

25. 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

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.

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