STANDARD CONTRACT FOR THE SALE OF LAND

The standard contract for the sale of land has flexible clauses so that it can be used for the sale of all interests in land. The schedules at the back allow for a combination of titles and estates. It can be used for sale by auction or private treaty. The terms and conditions covered by the contract include:


It is necessary to have agreement for a valid contract. The agreement in the standard form contract is that the Seller agrees to sell and the Buyer agrees to buy the Property for the price set out in the schedule the terms in the appropriate clauses.

See clause 1 for definitions and interpretation as used in and for the standard contract. Some of these definitions refers to the appropriate legislation. Therefore, to fully understand the contract it is necessary to refer to the relevant provisions of the building and town planning acts. A term not otherwise defined has the same meaning as the Interpretation Act.

Note particularly the following items:

ACT STANDARD CONTRACT

DATE OF AGREEMENT

See:
stamp duty
insurance

SELLER

See:
power of attorney
legal capacity of buyer




BUYER: LEGAL CAPACITY OF BUYER
JOINT OWNERSHIP

See:
joint ownership.

LAND

See:
torrens title
crown leasehold
description of land
errors and misdescriptions.

EXCLUSION OF REQUISITIONS
NON COMPLIANCE WITH REQUISITIONS
Clauses that applys to any rescission by the Seller.

See:
goods

FIXTURES AND CHATTELS

STAKEHOLDER
APPLICATION OF THE DEPOSIT

See:
price
cheque
restrictions on transfer
tenancies

BREACH OF COVENANT & UNAPPROVED STRUCTURES.

unit (srata) title.

DATE OF COMPLETION: COMPLETION/SETTLEMENT
The Contract must be effected on the Date of Completion in the schedule or as otherwise determined by the Contract and if not so specified, within a reasonable time.
DEFAULT
NOTICE TO COMPLETE AND DEFAULT NOTICE
ESSENTIAL TERM
DEFAULT NOTICE
Either Clause (TERMINATION OF CONTRACT - BUYER’S DEFAULT) or (TERMINATION OF CONTRACT - SELLER’S DEFAULT) applies where the party served does not comply with a Notice to Complete or Default Notice which complies with the Clause.
SELLER MUST ADVISE CHEQUE DETAILS
PLACE AND TIME OF SETTLEMENT
SELLER MUST DELIVER AT SETTLEMENT

See: apportionment of outgoings

RELIEF
ANNEXURE CLAUSES/SPECIAL CONDITIONS INCLUDED IN CONTRACT: SPECIAL CONDITIONS.
OTHER CONDITIONS

See:
subject to finance
survey
state of repair
pest inspection
asbestos
dispute resolution clause.

WARRANTIES BY THE SELLER
SELLER’S SOLICITORS
BUYER’S SOLICITORS
SELLER’S AGENT



NSW STANDARD CONTRACT


See breach of contract for clause 8 vendor's right to rescind and cluase 9 purchaser's default.