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The seller has obligations to disclose certain information and notices about the property. If you have received (or receive at any stage) any documentation or information from the seller, agent or body corporate, you must give this to us as soon as possible.
It is important that we carry out searches to check that the seller has met its disclosure obligations, that warranties in the contract are correct and to obtain the information required to assist in your conveyance.
Some search results may show a right to terminate the Contract or claim compensation from the seller. Other search results may reveal whether the property is potentially adversely affected or whether there are restrictions on your potential to use and enjoy the property.
We conduct two initial searches (title search and plan search) and then carry out further searches during the course of the conveyance.
What searches should be obtained?
We have set out a list of standrad searches that we recommend obtaining. We have also set out some highly recommended searches as well as some optional searches for you to consider. We strongly recommend that both the standard and highly recommended searches be conducted on every property.
If there are issues regarding the property of particular concern or importance to you or your financier, then you should discuss this with us so that we can determine whether additional searches are required. Please note that the amounts we charge you for searches are the actual fees charged to us by the search providers.
You should note the risks of not undertaking searches shown in the list. Additional searches may be necessary for an initial review of the Contract having regard to the nature of the property, the special conditions and your proposed use of the property in order to ensure that your rights are protected.
When should we carry out searches?
We recommend you have us carry out searches as soon as possible so that you are aware of your legal obligations and rights before they possibly expire and are well informed of the condition of the property.
We confirm there are real risks if we delay ordering searches as some search results may not be received in time for you to take advantage of your rights of termination and compensation. Although there is a risk that the cost of the searches will be wasted if the contract does not proceed, ordering searches early increases the chance that search results will be received in sufficient time to reveal any problems and allow you time to exercise any rights you may have.
There are some searches we recommend be conducted twice, both at the beginning of the transaction and before settlement (e.g., title search and QCAT registry search). This is to check that the seller continues to comply with its ongoing obligations. Please see the Buyer Searches List for further details.
What if there are issues with the search results?
We will contact you and let you know if any search results reveal any issues and will give you advice on your rights under the contract and any options you may have.
Please note that you may not be able to terminate the contract in all cases. For example, often discoveries of unapproved structures, flood levels, noise corridors or restrictions or limits on the use of waterfront or beachfront property may not give you a right of termination or a right of compensation from the seller. We have noted those searches in the Buyer Searches List which do not necessarily give rise to termination or compensation rights under the contract.
You may decide that you do not wish to exercise rights that we might advise on arising from search results. In making that decision you should consider the impact these search results may have on any later attempt to sell the property including the risk that some issues ought to be disclosed prior to any sale contract and the risk that, if not disclosed, a later buyer may discover these issues and choose to exercise rights against you (including termination or compensation). Please let us know if you would like further advice on this matter.
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