VARIATIONS TO THE TENDER SYSTEM

Some variations have been defined and discussed above particularly informal and formal tenders. Other methods of sale that the stock and station agent may encounter are:
Conditional tenders

Tenders may be called for subject to conditions. This is more likely in the formal tender system. Some tenders such as for a rural lease or agistment purposes will usually have the lease or licence documentation already drawn up and the tenderer is invited to peruse the document before lodging his/her tender.

The most stringent conditions apply to government tenders under which the tenderer may be required to comply with a host of conditions pertaining to public and government policy.

Unconditional tenders

Unconditional tenders apply to informal tenders and the tenderer may submit a tender price unconditionally or may submit the tender subject to conditions stipulated by him/herself (eg subject to finance). It is then up to the agent/seller to decide whether or not to accept such conditions or negotiate further with the tenderer if the conditions are unacceptable.

Options

An option is the right in one party to require the other party to enter into a new set of legal relations or to extend or continue an existing legal relationship. The most common example is an option by a lessee to take up a new lease upon the expiration of the current lease. For example, a lease may be described as a “3+3 lease”. This means that the initial term is 3 years with the lessee having an option of a further 3 years.

The buyer of land may enter into an option to purchase. This option is usually critical on the happening of some event. For example, to obtain council approval for a contentious land use. For example, an option to purchase a farm to convert to a piggery. However, this will require council approval including satisfactory disposal or use of effluents. The sale will only be completed if council is satisfied that the problems raised by the proposed contentious use has been overcome.

Put and call options

Put and call options are a sophisticated method of selling property..
The system was used largely to reduce the amount of stamp duty payable on sale of a property. However, the NSW Government now has legislation in place to close that loophole so that the transfer or assignment of a call option will attract full duty based on the value of the underlying land. The fact that you transfer the call option without fee or other advantage will not exempt the transaction from the new law.

An example is as follows:

B grants A a call option that confers a right on A to purchase land from B. A also grants B a put option that confers on B a right to require A (or any associated person or assignee of A) to purchase the land from B. A transfers the call option to C. This transfer will result in A being liable to call option assignment duty.

Now that the loophole has been closed it is doubtful that the agent would encounter this method of sale.